The Judiciary

Fiscal Year 2023

Congressional Budget Summary

PREPARED BY

THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS

WASHINGTON, DC

March 2022
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Overview

The Judiciary’s fiscal year (FY) 2023 discretionary budget request of $8.6 billion is a 7.2

percent increase over the Judiciary’s FY 2022 assumed appropriations of $8.1 billion. The 

Judiciary’s FY 2023 appropriations request also includes $767.1 million in mandatory 

appropriations. In the absence of enacted full year FY 2022 appropriations, the Judiciary made 

funding assumptions to construct its FY 2023 budget request. The FY 2022 funding levels 

assume that Congress will provide a full-year discretionary appropriation for the courts' Salaries

and Expenses account at the FY 2022 Senate mark level, and the FY 2022 fall re-estimate levels 

for the Defender Services, Court Security, and Fees of Jurors and Commissioners accounts. For 

bill language, the Judiciary used the text of H.R. 4502, which includes the House-passed 

FY 2022 Financial Services and General Government (FSGG) appropriations bill, as a starting 

point. 

The Judiciary, like the rest of the federal government, is currently operating under a 

continuing resolution. After final FY 2022 appropriations are enacted, the Judiciary will update

its FY 2023 request and apprise the Appropriations Committees of any necessary changes. 

The Judicial Conference is grateful for the support that Congress has shown the Judiciary 

through the annual appropriations process. The Conference is hopeful that Congress will 

continue to provide sufficient resources to the Judiciary in FY 2022 and FY 2023. Our 

constitutional system of government, with separation of powers and checks and balances, cannot 

function as intended if the judicial branch is not sufficiently resourced. We ask that Congress 

take into account the nature and importance of the work of the federal courts, its impact on 

society and our democracy, and continue to make the Judiciary a funding priority. 

Responding to the ongoing COVID-19 pandemic continues to be a challenging and costly 

endeavor for the Judiciary. The Judiciary has been able to continue operations during the 

pandemic with significant investments in information technology (IT) infrastructure and 

telecommunications solutions, at the expense of investments in other necessary capabilities. 

COVID-19 is expected to continue affecting the Judiciary into the foreseeable future, as the 

Judiciary will likely face a backlog of cases when the pandemic eventually shifts to a more 

manageable endemic phase, and new bankruptcy filings are expected to rise due to the 

pandemic’s lasting impact on the economy.

While the unpredictable nature of the pandemic and the uncertain timeline for the 

restoration of normal operations significantly complicate the effort to project future workload –

and thus, future budget requirements – the Judiciary’s FY 2023 request represents the Judiciary’s 

Foreword
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best estimate of its funding needs based on currently available information and the Branch’s 

assessment of the resources necessary to support its workforce and technical and physical 

infrastructure.

As with its revised FY 2022 funding request, a portion of the necessary resources being 

requested for FY 2023 is comprised of unmet needs remaining from two off-cycle funding 

requests submitted by the Judiciary last year. Critical Judiciary requirements submitted for 

inclusion in the bill that became the Emergency Security Supplemental Appropriations Act and 

for the infrastructure package that is moving through the reconciliation process remain 

unaddressed. These requirements include investments to protect judges and courthouses, 

strengthen the digital security of Judiciary networks and systems, and modernize critical 

Judiciary programs and applications. Because these are extraordinary and emergent needs, we 

hoped to have them addressed via the supplemental or reconciliation processes to avoid putting 

undue burden on the FSGG subcommittees. The lack of action on our supplemental and 

reconciliation requests, however, leaves us no choice but to begin incorporating the most critical 

components of our off-cycle requests into the annual appropriations process. 

Fiscal Year 2022 Priorities

The FY 2022 assumed levels will fund FY 2022 pay and non-pay adjustments to base and 

other Judiciary priorities. For the courts’ Salaries and Expenses account, the FY 2022 assumed 

appropriation will fund six additional magistrate judge positions, chambers staff to support 

Article III judges confirmed in FY 2021 and a high number of additional projected FY 2022 

confirmations, significant cybersecurity requirements, and additional resources for ongoing 

courthouse construction projects. Furthermore, the Judiciary plans to address several critical 

infrastructure priorities, including continuing development of the probation and pretrial services 

automated case tracking system (PACTS 360) and relocating one of the Judiciary’s data centers. 

The FY 2022 assumed level for the Defender Services account will have the necessary 

additional resources to handle its workload, including additional federal defender organization 

staff and additional projected panel attorney payments. Regarding panel attorney hourly rates, 

with inflationary adjustments, the capital and non-capital panel attorney rates increased to $202 

and $158 per hour, respectively, for work performed on or after January 1, 2022. These rates 

remain at the current statutory maximum.

The FY 2022 assumed level for the Court Security account will support essential security 

needs, including an initial investment to begin hardening courthouses to withstand hostile 

incursions; additional court security officer (CSO) positions; and continued investments for the 

modernization and cyclical replacement of physical access control systems (PACS), video 

management systems (VMS), and other security equipment. In addition, the Judiciary will 

implement the Judiciary Vulnerability Management Program in FY 2022. This program will 

address security risks posed by the availability of judges’ personally identifiable information 
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(PII) online and facilitate security services among the Judiciary, United States Marshals Service, 

Federal Protective Services, General Services Administration, and other appropriate federal and 

local law enforcement agencies. The Judiciary is seeking modified appropriations language in 

FY 2022 to allow full implementation of the program, including the ability to redact judges’ PII, 

while the relevant permanent authority is pursued through the authorization process. The

Judiciary also continues to work closely with its security providers at the USMS and Federal 

Protective Service (FPS) to improve judges’ physical security in response to the tragic attack on 

U.S. District Judge Esther Salas’s family in July 2020 as well as increasing threats against 

judges, generally.

The FY 2022 assumed level for the Fees of Jurors and Commissioners account is 

sufficient to fund FY 2022 projected juror costs fully by also utilizing higher carryforward 

balances available from FY 2021. These carryforward balances are available because of reduced 

juror activity in FY 2021 related to the impact of the COVID-19 pandemic on grand juries and 

jury trials.

Fiscal Year 2023 Budget Request

The Judiciary’s FY 2023 budget request represents a 7.2 percent increase over the 

FY 2022 assumed level. Much of the requested increase is necessary to maintain current 

services, including meeting government-wide obligations to fund previously enacted federal pay 

increases. The Judiciary is also assuming an average pay increase of 4.6 percent in 2023, which 

includes a 4.1 percent base pay increase and a 0.5 percent average increase in locality pay. If 

approved, this would be the largest federal employee pay increase since 2002, comprising $161 

million of the Judiciary’s discretionary budget request. 

Other resources are needed to meet unique demands on the Branch: the need to support 

the substantial increase in Article III judge confirmations that began in April 2019, the 

requirement to address expected increases in workload and caseloads that the Judiciary does not 

control, and the obligation to modernize or replace existing and outdated facilities and 

infrastructure. The request also funds the Judiciary’s national IT initiatives, courthouse 

hardening needs, and other operations supporting the business of the courts. The Judiciary’s 

budget request seeks the resources required to sustain operations and meet these additional

demands while still honoring our ongoing commitment to efficiency and cost containment. 

For the courts’ Salaries and Expenses account, the Judiciary requests $5.98 billion, an 

increase of $322.5 million (5.7 percent) in discretionary appropriations over the FY 2022 

assumed level. This request funds a number of critical new investments, including an additional 

four full-time magistrate judges and the conversions of two part-time magistrate judges to fulltime magistrate judge positions, additional court support staff and probation and pretrial services 

program staff due to higher workload estimates, law clerk staffing increases related to the

national district court law clerk program and the temporary bankruptcy law clerk program, IT 
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investments for the internal controls system and IT standardization efforts, and additional 

reimbursable staff to support cybersecurity efforts and the PACTS 360 program.

For the Defender Services account, the Judiciary requests $1.46 billion, an increase of 

$118.4 million (8.8 percent) over the FY 2022 assumed level. This request includes funding to 

add 18 FTE needed to address projected federal defender workload in FY 2023 and to support all 

projected panel attorney representations in FY 2023. In addition, this request supports federal 

defender IT and cybersecurity modernization requirements, as well as additional program 

oversight positions. 

For the Court Security account, the Judiciary requests $785.6 million, an increase of 

$80.8 million (11.5 percent) over the FY 2022 assumed level of $704.8 million. The FY 2023 

request reflects the necessary adjustments to base to maintain current services, which include 

full-year funding for the Judiciary Vulnerability Management Program described above, as well 

as several program increases related to the CSO program, security systems and equipment needs

including continued funding for courthouse hardening, and additional USMS staffing 

requirements.

For the Fees of Jurors and Commissioners account, the Judiciary seeks $45.7 million, an 

increase of $10.5 million (29.9 percent) over the FY 2022 assumed level. The increase over the 

prior year level is larger than normal due to the significant use of unobligated balances to fund 

base program requirements in FY 2022, as described above. Without continuing access to those 

one-time funds, additional appropriations are required to ensure that total obligations remain 

stable in the juror program. The FY 2023 request is sufficient to fund all projected petit and 

grand juror requirements.

Courthouse Construction and Capital Security Improvements

The Judiciary’s courthouse construction and capital security projects are funded from the 

General Services Administration (GSA) budget. The Judiciary continues to focus on effectively 

managing the 13 courthouses and federal building projects whose construction costs were funded 

in FY 2016 and FY 2018. By the end of FY 2022, GSA will have completed work on one 

courthouse acquisition (Rutland, VT), three courthouse annexes (Charlotte, NC; Savannah, GA; 

Greenville, SC), and three new courthouses (San Antonio, TX; Nashville, TN; Anniston, AL). 

While work continues on the remaining projects, additional resources are required to address the 

Judiciary’s current courthouse construction priorities. These include $262.2 million to address a 

judicial space emergency in San Juan, PR, and $323.4 million to fully fund the construction of 

new courthouses in Hartford, CT, and Chattanooga, TN, the top two priorities of the Judiciary’s 

Courthouse Project Priorities plan. 

The Capital Security Program (CSP) provides funding to address security deficiencies in 

existing courthouse buildings where physical renovations are viable in lieu of construction of a 

new courthouse. Stable, consistent funding for these projects is crucial to address serious 
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deficiencies that threaten the safety and security of the Judiciary and the public. For the Capital 

Security Program, the Judiciary requests that Congress provide GSA $35.9 million in FY 2023

for its two highest priorities, projects in August, GA, and Fort Wayne, IN. 

Cost Containment

The Judiciary seeks to contain costs whenever possible and has implemented a number of 

cost-containment initiatives since 2004. These efforts have achieved significant cost savings and 

cost avoidance for over fifteen years and will continue to do so. The Judiciary is also evaluating 

lessons learned from how operations changed in response to the pandemic to determine if there 

are additional opportunities for efficiencies and cost savings. The overwhelming majority of the 

Judiciary’s budget relates to personnel and space costs. The Judiciary’s cost-containment 

initiatives have similarly focused on these two areas as they should have the greatest impact on 

long-term savings.

Starting in 2013, the Judiciary has had several cost-containment initiatives related to 

space. First, the Judiciary adopted a three percent national space reduction target. That initiative 

resulted in approximately 1.2 million useable square feet of space being removed from the 

Judiciary’s rent bill, exceeding the national space reduction goal by approximately 37 percent. 

This initiative resulted in approximately $187 million in cumulative space rental cost avoidance 

since 2013, approximately $36 million annually. The Judiciary subsequently implemented the 

No Net New policy, which requires that any increase in square footage within a federal judicial 

circuit must be offset by an equivalent reduction in square footage identified within the same 

fiscal year. This policy helps limit growth in the Judiciary’s space footprint. 

Regarding personnel costs, the Judiciary continues to use work measurement tools to 

update its court support staffing formulas regularly to incorporate best practices, improvements 

in information technology, and other efficiencies. Further, the Judiciary has undertaken 

significant efforts to develop alternative organizational models that may result in cost savings, 

including expanding shared administrative services within and among districts. At the local 

level, courts throughout the country have implemented a significant number of voluntary shared 

administrative services arrangements. These practices help to control costs without sacrificing 

efficiency or quality of service to judges and the public. The Judiciary also promotes these 

efforts by providing guidance materials and reports on court organizational models to judges and 

court unit executives considering consolidation or flexible service arrangements.

The Judiciary continues with law book and legal research cost-containment efforts. 

Libraries have made extensive cuts to their print subscriptions each year. In FY 2021, court 

libraries across the Judiciary cancelled almost 4,000 print subscriptions, translating to an 

immediate savings of $1.3 million. In addition to these cancellations, the National Library 

Program negotiates an early order discount each year for remaining print subscriptions, which in 

FY 2021 avoided $2.8 million in costs.
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Finally, the Judiciary continues to explore other operational improvements that will 

simultaneously contain costs. One example is to encourage electronic noticing to creditors in 

bankruptcy proceedings to avoid the expense of producing and mailing paper notices and ensure

faster delivery. In FY 2021, the Judiciary conducted targeted outreach to over 1,300 highvolume notice recipients, and approximately 13% of them subsequently enrolled in electronic 

bankruptcy noticing. Today, more than 51 percent of all bankruptcy notices in the United States

are sent electronically.

The Judiciary’s FY 2023 discretionary budget request of $8.6 billion and its mandatory 

budget request of $767.1 million are summarized in the following pages. A more detailed 

description of the Judiciary’s FY 2023 request, as well as the requests for courthouse 

construction and capital security requirements, can be found in The Judiciary, FY 2023

Congressional Budget Justification.

Amy St. Eve

United States Circuit Judge

 For the Seventh Circuit Court of Appeals

Chair, Budget Committee of the

 Judicial Conference of the United States

Roslynn R. Mauskopf

United States District Judge

Director, Administrative Office

of the United States Courts

Secretary, Judicial Conference of the United States
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Page

Foreword......................................................................................................................................... i

Overview of the Judiciary .............................................................................................................1

Fiscal Year 2023 Budget Summary - Details of Request............................................................5 

Summary Tables

Judiciary Appropriation Funding for Fiscal Year 2022 – Fiscal Year 2023......................13

Summary of FTE for Fiscal Year 2021 – Fiscal Year 2023 ..............................................14

Fiscal Year 2023 Summary of Requested Changes...........................................................15

Outlays for Fiscal Year 2021 – Fiscal Year 2023..............................................................18

Fiscal Year 2023 Request Summary by Appropriation

Supreme Court of the United States:

Salaries and Expenses..................................................................................................21

Care of the Building and Grounds...............................................................................25

United States Court of Appeals for the Federal Circuit.....................................................27

United States Court of International Trade........................................................................29

Courts of Appeals, District Courts and Other Judicial Services (CADCOJS):

Salaries and Expenses..................................................................................................31

Defender Services........................................................................................................41

Fees of Jurors and Commissioners ..............................................................................47

Court Security ..............................................................................................................51

Administrative Office of the United States Courts............................................................57

Federal Judicial Center ......................................................................................................59

United States Sentencing Commission ..............................................................................61

Title III Administrative Provisions – The Judiciary ..........................................................63

Judicial Retirement Funds..................................................................................................65

Judiciary Space Priorities for the Fiscal Year 2023 Budget Request 

Courthouse Construction ...................................................................................................69

Capital Security Program...................................................................................................71

Table of Contents
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The organization of the judiciary, the district and circuit boundaries, the places of holding court, and 

the number of federal judges are established by laws passed by Congress and signed by the President. 

The number of federal judges in each district and in the courts of appeals is authorized by Congress 

on the basis of workload.

In addition to the adjudication of cases, 

other related functions, such as the 

provision of criminal defense services and 

the supervision of offenders, are prescribed 

by statute. Following is a brief overview of 

the work of the courts and other related 

activities of the Judicial Branch.

United States Supreme Court

The United States Supreme Court consists 

of nine justices, one of whom is appointed 

as Chief Justice of the United States. The 

Supreme Court is the final arbiter in the 

federal court system.

United States Courts of Appeals

There are 12 regional courts of appeals and 167 authorized appellate court Article III judgeships 

nationwide. These 12 courts of appeals have jurisdiction over cases within a regional area or 

“circuit.” The 12 regional courts of appeals review cases from the United States district courts and 

the United States Tax Court as well as orders and decisions from a number of federal administrative 

agencies.

United States Court of Appeals for the Federal Circuit

The United States Court of Appeals for the Federal Circuit has exclusive national jurisdiction over a 

large number of diverse subject areas, including international trade, government contracts, patents, 

trademarks, certain monetary claims against the United States government, federal personnel, and 

veterans’ benefits. Appeals to the court come from all 94 federal district courts, as well as the United 

States Court of Federal Claims, the United States Court of International Trade, and the United States 

Court of Appeals for Veterans Claims. There are 12 authorized Article III circuit judgeships on the 

Court.

Overview of the Judiciary
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United States District Courts

There are 94 district courts in the 50 states, the District of Columbia, the Commonwealth of Puerto 

Rico, and the territories of Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. The 

U.S. District Courts are the courts of general jurisdiction in the federal court system, and most federal 

cases are initially tried and decided in these courts. There are 677 authorized Article III district court 

judgeships nationwide.

The Federal Magistrates Act of 1968 created the office of magistrate judge to assist the district court 

judges. Magistrate judges are non-Article III judges appointed by the district judges, and they serve 

for a term of years rather than a lifetime appointment. Full-time magistrate judges serve a term of 

eight years and may be reappointed. 

United States Bankruptcy Courts

The bankruptcy courts are separate units of the 

district courts. Federal courts have exclusive 

jurisdiction over bankruptcy cases; a bankruptcy 

case cannot be filed in a state court. United States 

bankruptcy judges are non-Article III judges 

appointed by the courts of appeals for a term of 

years, rather than a lifetime appointment. They 

serve for a term of 14 years and may be 

reappointed.

United States Court of International Trade

The Court of International Trade, with nine Article III judges, has exclusive nationwide jurisdiction 

of civil actions against the United States, its agencies and officers, and certain civil actions brought 

by the United States, arising out of import transactions and the administration and enforcement of the 

federal customs and international trade laws.

United States Court of Federal Claims

The Court of Federal Claims has nationwide 

jurisdiction over certain types of claims against 

the federal government. Its 16 judges are 

appointed for a term of 15 years by the 

President with the advice and consent of the 

Senate. Judges appointed to the Court of 

Federal Claims are authorized under Article I 

of the Constitution and do not have the tenure 

and salary protections of Article III judges.
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Probation and Pretrial Services

Federal probation and pretrial services officers protect the public through the investigation and 

supervision of defendants and offenders within the federal criminal justice system. A pretrial services 

officer supervises defendants awaiting trial who are released into communities and provides a source 

of information upon which the court can determine conditions of release or detention while criminal 

cases are pending adjudication. In support of sentencing determinations, which require both 

uniformity of practice and attention to individual circumstances, probation officers provide the court 

with reliable information concerning the offender, the victim, and the offense committed, as well as 

an impartial application of the sentencing guidelines. Probation officers supervise offenders 

sentenced to probation, as well as offenders coming out of federal prison who are required to serve a 

term of supervised release.

Defender Services

The federal judiciary oversees and administers the federal defender and appointed counsel program, 

which provides legal representation and other services to persons financially unable to obtain counsel 

in criminal and related matters in federal court. The Sixth Amendment to the Constitution guarantees 

that “[i]n all criminal prosecutions, the accused shall enjoy the right...to have the assistance of 

counsel for his defense.” The Criminal Justice Act provides that courts shall appoint counsel from 

federal public and community defender organizations or from a panel of private attorneys (“panel 

attorneys”) established by the court. 

Court Security

The judiciary’s Court Security appropriation funds protective guard services and security systems and 

equipment for United States courthouses and other facilities housing federal court operations. These 

services are contracted for and managed by the Department of Justice’s United States Marshals 

Service, with additional guard services provided by the Department of Homeland Security’s Federal 

Protective Service.

Fees of Jurors and Commissioners

The judiciary receives funding to provide for the statutory fees and allowances of federal grand and 

petit jurors and for the compensation of land commissioners.
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Administrative Office of the U.S. Courts

The Administrative Office of the U.S. Courts is the central support entity for the judicial branch. It 

has management oversight of the court security program, the probation and pretrial services program, 

and the defender services program. It supports the Judicial Conference of the United States in 

determining judiciary policies; develops new methods, systems, and programs for conducting the 

business of the federal courts efficiently and economically; develops and supports the application of 

technology; collects and analyzes statistics on the business of the federal courts for accurate planning 

and decisions about resource needs; provides financial management services and personnel and 

payroll support; and conducts audits and reviews to ensure the continued quality and integrity of 

federal court operations.

Federal Judicial Center

The Federal Judicial Center is the judiciary’s research and education agency. The Center undertakes 

research and evaluation of judicial operations and procedures for both the committees of the Judicial 

Conference and the courts themselves. It provides judges, court personnel, and others orientation, 

continuing education, and training through seminars; curriculum units for in-court use; monographs 

and manuals; and audio, video, and interactive media programs.

Payment to Judicial Trust Funds

This appropriation finances annuity payments to retired bankruptcy judges and magistrate judges, 

U.S. Court of Federal Claims judges, and spouses and dependent children of deceased judicial 

officers.

United States Sentencing Commission

The U.S. Sentencing Commission promulgates sentencing 

policies, practices, and guidelines for the federal criminal 

justice system. The Chair, three Vice Chairs, and three other 

voting commissioners are appointed by the President with the 

advice and consent of the Senate.
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The judiciary’s appropriation request for fiscal year (FY) 2023 totals $9,408,997,000 (including

$767,119,000 in mandatory appropriations and $8,641,878,000 in discretionary appropriations). 

The judiciary’s discretionary request is a $576.8 million (7.2 percent) above FY 2022 assumed

discretionary appropriations. 

Mandatory Discretionary Total

FY 2022 Assumed Appropriation 761,330 8,065,075 8,826,405

FY 2023 Adjustments to Base 5,789 441,634 447,423

FY 2023 Program Increases - 135,169 135,169

FY 2023 Total Increases 5,789 576,803 582,592

FY 2023 Total Request 767,119 8,641,878 9,408,997

($000)

Summary of FY 2023 Request

Fiscal Year 2022 Appropriations

In the absence of enacted full FY 2022 appropriations, the judiciary made assumptions to 

construct an FY 2023 budget request. The specific assumption for each account is detailed 

below in each section of this Congressional Budget Summary as well as in each chapter of the 

full Fiscal Year 2023 Congressional Budget Justification. 

For bill language, the judiciary used the language from H.R. 4502, the House-passed FY 2022 

Financial Services and General Government appropriations bill, updated with the FY 2022 

assumed funding level, as the closest approximation of eventual enacted FY 2022 appropriations 

language. 

After full year FY 2022 appropriations are enacted, the judiciary will re-estimate its FY 2023 

budget request and transmit to the Appropriations Committees any changes in appropriations 

requirements and language.

Adjustments to Base (Mandatory Appropriations)

An increase of $5.8 million is requested for mandatory judiciary appropriations for FY 2023, as 

follows: 

1. An increase of $18.6 million is for pay and benefit adjustments for Article III judges for the 

Supreme Court; the Court of Appeals for the Federal Circuit; the Court of International 

Trade; and active, senior, and retired Article III judges and bankruptcy judges within the

courts’ Salaries and Expenses account, including the annualization of the FY 2022 pay 

adjustment of 2.2 percent for judges and an assumed additional 4.1 percent pay adjustment 

for judges effective January 2023.
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2. For the courts’ Salaries and Expenses account, an increase of $8.0 million is associated with 

an additional 14 active Article III judge FTE (based on an assumption of 45 confirmations), 

an additional 6 senior judge FTE, and an additional 11 bankruptcy judge FTE.

3. A decrease of $20.8 million is necessary for the Judiciary Retirement Trust Funds account 

based on requirements calculated by an independent actuary.

Adjustments to Base (Discretionary Appropriations)

Of the requested $576.8 million increase in discretionary appropriations, $441.6 million (77

percent) will provide for pay adjustments, inflation, and other adjustments to base necessary to 

maintain current services. Base adjustments include:

1. An increase of $235.2 million will provide for inflationary pay and benefit increases for 

magistrate and Court of Federal Claims judges, judges’ staff, and other judiciary personnel. 

This includes an assumed 4.6 percent federal pay adjustment effective January 2023,

annualizing the January 2022 pay adjustment (2.2 percent for magistrate and Court of Federal 

Claims court judges and 2.7 percent for staff), changes in benefit costs, one less compensable 

day, and a wage rate adjustment for court security officers (CSOs). 

2. A net increase of $52.5 million in information technology (IT) requirements for the courts’ 

Salaries and Expenses account is due to:

• an increase of $29.6 million for Court Administration and Case Management Systems,

• an increase of $12.4 million for Administrative and Management Systems,

• an increase of $5.7 million for the IT Court Reimbursable Program,

• an increase of $4.1 million for the Telecommunications Program,

• an increase of $1.2 million for Infrastructure and Collaboration Tools, 

• an increase of $0.4 million for Judicial Statistical and Reporting Systems,

• an increase of $0.3 million for Court IT allotments, and

• a decrease of $1.2 million for contractor insourcing savings.

3. A net increase of $52.1 million in financing adjustments is necessary to maintain current 

services due to changes in the availability of carryforward balances and/or non-appropriated 

resources, composed of:

• a decrease of $37.2 million for the courts’ Salaries and Expenses account,

• an increase of $64.3 million for the Defender Services account,

• an increase of $15.8 million for the Fees of Jurors and Commissioners account,

• an increase of $7.9 million for the Court Security account, and

• an increase of $1.3 million for the Administrative Office (AO) account.
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The judiciary will keep the Appropriations Subcommittees informed of any change in this

estimate. 

4. A net increase of $44.4 million is associated with changes in the judiciary’s space program, 

including:

• a net $42.4 million is attributed to the court’s Salaries and Expenses account:

o an increase of $10.6 million for new space expected to be delivered in FY 2023,

o an increase of $22.5 million for inflationary adjustments to building operations and 

GSA space rental costs,

o an increase of $54.2 million for tenant improvements, 

o a decrease of $1.0 million in savings associated with the space reduction program, 

and

o a decrease of $44.0 in non-recurring space adjustments. 

• a net $2.0 million is associated with increases of $1.3 million, $0.4 million, $0.2 million, 

and $0.1 million for the Defender Services, Supreme Court, Court of International Trade, 

and Court of Appeals for the Federal Circuit accounts, respectively.

5. An increase of $39.3 million will provide for increases in contract rates and other standard 

inflationary increases. Of this amount, $0.6 million is for the Vaccine Injury Compensation 

Trust Fund.

6. An increase of $17.9 million is for the annualization of positions funded in FY 2022, 

including:

• 62 federal public defender organization (FPDO) positions (31 FTE), 16 community 

defender organization (CDO) positions, 32 positions (16 FTE) related to the Supreme 

Court decision in McGirt v. Oklahoma, 24 national positions (12 FTE); and 8 

reimbursable positions for the Defender Services account; 

• 28.5 CSO and 9 USMS positions (4 FTE) for the Court Security account; and

• 7 positions (3.5 FTE) for the AO account.

7. An increase of $16.4 million is for chambers staff associated with the additional active and 

senior Article III judges and bankruptcy judges (noted above in the mandatory adjustments to 

base section), specifically, 79 FTE for chambers staff for active Article III judges, 28 FTE for 

senior judges, and 37 FTE for bankruptcy judges.

8. An increase of $4.2 million is for estimated increases in Federal Protective Service (FPS) 

security charges.

9. An increase of $2.6 million is associated with the annualization of the Judiciary Vulnerability 

Management Program in the Court Security account. 
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10. An increase of $2.4 million is associated with adjustments to security systems and equipment 

requirements in the Court Security account.

11. A decrease of $19.5 million is associated with a change in panel attorney representations 

based on FY 2023 caseload projections in the Defender Services program.

12. A decrease of $5.7 million is associated with a projected net change in juror requirements 

based on FY 2023 projected caseload. 

Program Changes (Discretionary Appropriations)

The remaining $135.2 million (23 percent) of the requested increase is for program 

enhancements, including:

1. A net increase of $30.0 million is associated with an increase of 564 positions (282 FTE) in 

court support staffing in the courts’ Salaries and Expenses account due to changes in 

projected caseload.

2. An increase of $20.0 million in the Court Security account is to support hardening

courthouses against attempts to breach court facilities and disrupt the judicial process. 

3. An increase of $15.9 million for the Supreme Court Buildings and Grounds account will fund 

the remaining courtyard restoration project at the Supreme Court.

4. An increase of $10.5 million is to support the Court Security equipment modernization and 

cyclical replacement strategy for aging video management systems (VMS). 

5. An increase of $9.9 million is for security upgrades at the Supreme Court, including:

• $1.3 million for security cameras for the Supreme Court Salaries and Expenses account,

• $1.0 million for building and grounds access controls for the Supreme Court Salaries and 

Expenses account, 

• $0.7 million for police radio upgrades for the Supreme Court Salaries and Expenses 

account,

• $4.2 million to re-request physical security upgrades for Supreme Court Building and 

Grounds assumed to be unfunded in FY 2022, and

• $2.8 million for additional physical security upgrades for the Supreme Court Building 

and Grounds account.

6. An increase of $9.2 million is for information technology, cybersecurity and IT 

modernization requirements for the Defender Services account, including:

• $8.0 million for enhancements and modernization related to five cybersecurity and IT 

initiatives:
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o data center migration; 

o cybersecurity support; 

o Defender Services Office networks, governance, and services modernization; 

o data security management and improvements; and 

o application upgrades.

• $1.1 million for expanding capacity/licenses for existing systems related to three IT 

initiatives:

o online document review platform,

o cloud content repositories and file sharing services, and 

o cybersecurity software.

7. An increase of $5.4 million in the Court Security account is for 86 CSO positions to 

complete the implementation of the revised CSO staffing standards.

8. An increase of $4.9 million in the Defender Services account is for 44 positions (22 FTE) for 

requirements resulting from the Supreme Court decision in McGirt v. Oklahoma.

9. An increase of $3.8 million in the courts’ Salaries and Expenses account is for the internal 

controls evaluation system.

10. An increase of $2.8 million in the courts’ Salaries and Expenses account will fund 30 

reimbursable positions (15 reimbursable FTE) at the AO to support critical information 

technology initiatives, including:

• 27 reimbursable positions/13.5 reimbursable FTE for cybersecurity, and

• 3 reimbursable positions/1.5 FTE for Probation and Pretrial Services Automated Case 

Tracking System (PACTS) 360.

11. An increase of $2.7 million in the Court Security account is associated with infrastructure 

security requirements for new courthouse projects in Fort Lauderdale, FL, and Toledo, OH.

12. An increase of $2.7 million is for 16 positions (8 FTE) and 3 contractors at the USMS for the 

Court Security account, including:

• 4 new USMS positions (2 FTE) to support the equipment modernization and cyclical 

replacement strategy for aging VMS,

• 6 positions (3 FTE) for operational and administrative support to district judicial security 

inspectors, 

• 4 positions (2 FTE) for contract support, 

• 1 position (0.5 FTE) and three contractors for ensuring contract compliance, and 

• 1 position (0.5 FTE) for the CSO radio communications program.
10 

13. An increase of $2.7 million in the courts’ Salaries and Expenses account will fund 4

additional full-time magistrate judge positions and conversions of 2 part-time magistrate

judge positions (5 FTE), 21 support staff (16 FTE), and associated operating costs.

14. An increase of $2.6 million in the courts’ Salaries and Expenses account will fund 20 FTE to

establish a national court law clerk program, which will help provide needed relief to district

courts experiencing significant caseload challenges brought on by rising cases and a shortage

in Article III judges.

15. An increase of $2.5 million in the Court Security account will fund 10 additional contract

hours per CSO position, restoring a portion of previous reductions to CSO contract hours in

FY 2016 and FY 2017.

16. An increase of $2.0 million for the courts’ Salaries and Expenses account will support the

implementation of IT standardization across the judiciary.

17. An increase of $1.8 million for the Supreme Court Salaries and Expenses account will fund

an educational assistance program to provide student loan repayment and tuition assistance

benefits to Court police officers and other employees.

18. An increase of $1.8 million in the Court Security account is associated with increasing

preventive maintenance for active vehicle barriers (AVBs) to mitigate AVB breakdowns.

19. An increase of $1.3 million in the Court of Appeals for the Federal Circuit account is

associated with the replacement of a non-public elevator used by judges and staff at the

Howard T. Markey National Courts Building.

20. An increase of $1.1 million in the Court Security account will support the court unit

emergency management program, which provides emergency management supplies and

training to court units.

21. An increase of $1.0 million in the Court Security account will fund 16 CSO positions related

to increased requirements as a result of the Supreme Court decision in McGirt v. Oklahoma.

22. An increase of $1.0 million in the Defender Services account is for 9 national positions (4.5

FTE), including:

• 8 national positions (4 FTE) for the national litigation support team, and

• 1 national position (0.5 FTE) for Defender IT systems.

23. An increase of $0.7 million will fund 8 reimbursable positions within the Defender Services

account to support data management, financial analysis, legal and policy support, program

operations, training, and implementation of Criminal Justice Act-related policies approved by

the Judicial Conference.
11

24. An increase of $0.5 million in the Court Security account will support 7 additional CSO 

positions at new courthouses projected to be open in FY 2023 or early FY 2024.

25. An increase of $0.3 million and 3 FTE for the courts’ Salaries and Expenses account will 

allow bankruptcy courts in need to hire additional temporary law clerks to assist with the 

anticipated increase in bankruptcy filings over the next 6 to 18 months as a result of the 

economic impact of the COVID-19 pandemic and to supplement resources available to 

districts facing specialized, complex cases or other workload challenges.

26. An increase of $0.3 million for the Supreme Court Salaries and Expenses account will fund 2

senior IT positions (1 FTE).

27. An increase of $0.2 million for the AO account will fund 2 positions (1 FTE) for the 

contractor suitability/background investigation program in the AO’s Human Resources

Office.

28. An increase of $0.1 million for the AO account will fund 1 position (0.5 FTE) to support the 

Office of Compliance and Risk.

29. A decrease of $2.4 million and 9 FTE for the Defender Services account is for 22 fewer FDO 

staff (18 FPDO positions/9 FTE and 4 CDO positions) based on current caseload projections.
12

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13

Funding

Summary Tables

 Appropriation Account Mandatory1 Discretionary Total Mandatory1 Discretionary Total Mandatory Discretionary Total

Supreme Court

 Salaries and Expenses 2,729 94,690 97,419 2,789 98,338 101,127 2,896 107,153 110,049

 Building and Grounds - 10,618 10,618 - 10,309 10,309 - 33,512 33,512

 Total, Supreme Court 2,729 105,308 108,037 2,789 108,647 111,436 2,896 140,665 143,561

Court of Appeals for the Federal Circuit 3,103 33,500 36,603 3,241 34,006 37,247 3,356 36,448 39,804

Court of International Trade 1,753 20,000 21,753 2,189 20,766 22,955 2,311 21,405 23,716

Courts of Appeals, District Courts,

 and Other Judicial Services:

 Salaries and Expenses 445,033 5,393,701 5,838,734 480,511 5,651,379 6,131,890 506,756 5,973,325 6,480,081

 Vaccine Injury Trust Fund - 9,900 9,900 - 9,850 9,850 - 10,450 10,450

 Total, Salaries and Expenses 445,033 5,403,601 5,848,634 480,511 5,661,229 6,141,740 506,756 5,983,775 6,490,531

 Defender Services - 1,316,240 1,316,240 - 1,343,338 1,343,338 - 1,461,711 1,461,711

 Fees of Jurors & Commissioners - 32,517 32,517 - 35,157 35,157 - 45,677 45,677

 Court Security - 664,011 664,011 - 704,824 704,824 - 785,589 785,589

 Total, CADCOJS 445,033 7,416,369 7,861,402 480,511 7,744,548 8,225,059 506,756 8,276,752 8,783,508

Administrative Office of the U.S. Courts - 95,675 95,675 - 104,128 104,128 - 111,261 111,261

Federal Judicial Center - 29,015 29,015 - 32,151 32,151 - 33,455 33,455

Judicial Retirement Funds 262,300 - 262,300 272,600 - 272,600 251,800 - 251,800

Sentencing Commission - 19,965 19,965 - 20,829 20,829 - 21,892 21,892

 Total Direct 714,918 7,709,932 8,424,850 761,330 8,055,225 8,816,555 767,119 8,631,428 9,398,547

 Vaccine Injury Trust Fund - 9,900 9,900 - 9,850 9,850 - 10,450 10,450

 Total, Judiciary 714,918 7,719,832 8,434,750 761,330 8,065,075 8,826,405 767,119 8,641,878 9,408,997

1

 FY 2021 mandatory levels reflect actuals.

 FY 2022 mandatory levels represent FY 2022 assumed financial plan levels.

Judiciary Appropriation Funding ($000)

FY 2021 Enacted FY 2022 Assumed FY 2023 Request

 THE JUDICIARY 
14 

FTE

 Appropriation Account Mandatory Discretionary Total Mandatory Discretionary Total Mandatory Discretionary Total

Supreme Court

 Salaries and Expenses 9 494 503 526 9 535 9 527 536

 Building and Grounds - 43 43 - 50 50 - 50 50 

 Total, Supreme Court 9 537 546 9 576 585 9 577 586 

Court of Appeals for the Federal Circuit 12 132 144 12 140 152 12 140 152

Court of International Trade 9 56 65 9 68 77 9 68 77 

Courts of Appeals, District Courts,

 and Other Judicial Services:

 Salaries and Expenses 1,812 25,836 27,648 1,876 26,075 27,951 1,907 26,545 28,452

 Vaccine Injury Trust Fund - - - - - - - - - 

 Total, Salaries and Expenses 1,812 25,836 27,648 1,876 26,075 27,951 1,907 26,545 28,452

 Defender Services - 3,101 3,101 - 3,383 3,383 - 3,459 3,459

 Fees of Jurors & Commissioners - - - - - - - - - 

 Court Security - 65 65 - 84 84 - 96 96 

 Total, CADCOJS 1,812 29,002 30,814 1,876 29,542 31,418 1,907 30,100 32,007

Administrative Office of the U.S. Courts - 602 602 - 643 643 - 648 648

Federal Judicial Center - 125 125 - 128 128 - 128 128

Judicial Retirement Funds - - - - - - - - - 

Sentencing Commission - 95 95 - 95 95 - 95 95 

 Total Direct 1,842 30,549 32,391 1,906 31,192 33,098 1,937 31,756 33,693

 Reimbursables, AO - 605 605 - 749 749 - 815 815

 Total, Judiciary 1,842 31,153 32,995 1,906 31,941 33,847 1,937 32,571 34,508

THE JUDICIARY

FY 2021 Actual FY 2022 Assumed FY 2023 Request

Summary of FTE
15 
16 
17 
18 

Outlays Appropriation FY 2021 FY 2022 FY 2023

Supreme Court

 Discretionary 91,226 97,174 106,125

 Mandatory 2,729 2,789 2,896

 Total, Salaries and Expenses 93,955 99,963 109,021

 Buildings and Grounds 14,217 19,622 28,562

Court of Appeals for the Federal Circuit

 Discretionary 31,635 33,416 36,079

 Mandatory 3,103 3,241 3,356

 Total, Court of Appeals for the Federal Circuit 34,738 36,657 39,435

Court of International Trade

 Discretionary 18,113 19,021 19,718

 Mandatory 1,753 2,189 2,311

 Total, Court of International Trade 19,866 21,210 22,029

Courts of Appeals, District Courts,

 and Other Judicial Services:

 Salaries and Expenses - Discretionary 5,269,190 5,964,356 6,164,447

 Salaries and Expenses - Mandatory 445,033 480,511 506,756

 Total, Salaries and Expenses 5,714,223 6,444,867 6,671,203

 Defender Services 1,186,796 1,385,060 1,540,437

 Fees of Jurors & Commissioners 31,485 53,527 46,626

 Court Security 663,264 678,332 709,436

Total, Courts of Appeals, District Courts,

 and Other Judicial Services 7,595,768 8,561,786 8,967,702

Administrative Office of the United 

 States Courts 95,675 104,538 111,941

Federal Judicial Center 26,704 30,496 32,903

Judicial Retirement Funds (Mandatory) 262,300 272,600 251,800

Sentencing Commission 19,590 21,199 22,373

 Subtotal, Discretionary 7,447,895 8,406,742 8,818,646

 Subtotal, Mandatory 714,918 761,330 767,119

 Total 8,162,813 9,168,072 9,585,765

Outlays - FY 2021 to FY 2023
19 

Fiscal Year 2023 Request

Summary by Appropriation
20

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21 

Supreme Court of the United States

Salaries and Expenses

FTE ($000) FTE ($000) FTE ($000)

FY 2022 Assumed Appropriation 9 2,789 526 98,338 535 101,127

Adjustments to Base - 107 - 3,842 - 3,949

Program Increases - - 1 4,973 1 4,973

FY 2023 Appropriation Request 9 2,896 527 107,153 536 110,049

FY 2023 Request

Mandatory Discretionary Total

The U.S. Supreme Court requests $110.0 million ($2.9 million for mandatory expenses and 

$107.2 million for discretionary expenses) in FY 2023 for the Salaries and Expenses account. 

The $107.2 million request for discretionary appropriations represents a 9.0 percent increase over

the FY 2022 assumed discretionary appropriation. For this account, the FY 2022 discretionary 

appropriations assumption is $98.3 million, which is the same as the FY 2022 current services 

level. This request reflects the necessary adjustments to base to maintain current services. The

Court also requests $3.2 million and $1.8 million in program increases relating to securityrelated programs and an educational assistance program, respectively. 

I. Mandatory Adjustments to Base

The FY 2023 request includes $0.1 million for standard pay increases and changes in benefits for

the Chief Justice and the Associate Justices.

II. Discretionary Adjustments to Base

The Supreme Court requests a net $3.8 million increase for discretionary expenses for standard 

pay and benefits adjustments, other inflationary adjustments, and one less compensable day to 

maintain current services in FY 2023. 

III. Program Changes

The FY 2023 request includes $5.0 million for program changes. These changes include: 

1. Police radio equipment upgrades: $0.7 million

The Court requests $0.7 million for the three-year project to replace end-of-life radios with new

communications equipment that will lead to greater reliability and compatibility with federal,

state, and local law enforcement communications in the D.C. metropolitan area and in

jurisdictions throughout the country. 
22 

2. Security cameras: $1.3 million

The Court requests $1.3 million for the installation of high-definition security cameras as well as 

the integration of the security cameras into the existing control software and servers on Supreme 

Court grounds. 

3. IT Security Positions: $0.3 million and 1 FTE

The FY 2023 request includes an increase of $0.3 million to fund two senior IT positions (1

FTE). The two senior IT positions consist of one senior cybersecurity specialist (0.5 FTE) and 

one senior network technology engineer (0.5 FTE). Both positions will assist with maintaining

the security, integrity, and availability of the Court’s network infrastructure and data.

4. Building and grounds access control: $1.0 million

The Court requests $1.0 million for the expansion of the Supreme Court’s existing interior and 

exterior access control systems. 

5. Educational assistance program: $1.8 million

The Court requests $1.8 million to fund an educational assistance program to provide student 

loan repayment and tuition assistance benefits to Court police officers and other employees. 

The Court requested legislation authorizing the new program in 2022. This will bring the Court 

into parity with the Capitol Police, House, Senate, and executive branch agencies, all of which 

already have statutory authorization to provide a student loan repayment benefit to their 

employees. 

IV. Appropriations Language

Supreme Court of the United States

Salaries and Expenses

For expenses necessary for the operation of the Supreme Court, as required by law, excluding 

care of the building and grounds, including 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, 

[$98,338,000]$107,153,000, of which $1,500,000 shall remain available until expended. 

In addition, there are appropriated such sums as may be necessary under current law for salaries 

of the chief justice and associate justices of the court.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022) 
23

V. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 72,021 77,042 82,144

Rent, Communications and Utilities 1,527 1,313 1,701

Travel 577 1,420 1,448

Other 21,413 21,352 24,756

Total Obligations 95,538 101,127 110,049

Other Adjustments 1,881 - -

Available Appropriation 97,419 101,127 110,049

 Mandatory Appropriation 2,729 2,789 2,896

 Discretionary Appropriation 94,690 98,338 107,153

U.S. Supreme Court - Salaries and Expenses

Comparative Summary of Obligations by Category

($000)
24

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25

Supreme Court of the United States

Care of the Building and Grounds

FTE ($000)

FY 2022 Assumed Appropriation 50 10,309

Adjustments to Base - 303

Program Increases - 22,900

FY 2023 Appropriation Request 50 33,512

FY 2023 Request

Discretionary

The U.S. Supreme Court requests $33.5 million for its Care of the Building and Grounds account 

in FY 2023, an increase of 225 percent from the FY 2022 assumed appropriation. For this 

account, the FY 2022 discretionary appropriations assumption is $10.3 million, which is the 

same as the FY 2022 current services level. 

The Architect of the Capitol provides for the structural and mechanical care of the U.S. Supreme 

Court Building and Grounds, including maintenance and operation of mechanical, electrical, and

electronic equipment. This request includes the necessary adjustments to base to maintain 

current services. The Court also requests $22.9 million in program increases relating to security 

and courtyard restoration for FY 2023.

I. Discretionary Adjustments to Base

The Supreme Court requests a net increase of $0.3 million for standard pay and benefits

adjustments, other inflationary adjustments, and one less compensable day. 

II. Program Changes

The FY 2023 request includes $22.9 million for program changes. These changes include:

1. Physical security upgrades (FY 2022 re-request): $4.2 million

The Court requests $4.2 million for physical security upgrades for additional vehicle barricades, 

reinforced driveway gates, and other security-related projects to enhance building security 

assumed to be unfunded in FY 2022.

2. Additional physical security upgrades: $2.8 million

The Court requests $2.8 million for a new police kiosk, utilities, and control systems supporting 

physical security infrastructure.
26

3. Courtyard restoration: $15.9 million

The Supreme Court’s courtyards and plazas include stone carvings, fountains, plumbing, and 

electrical systems that are original to the building, constructed in 1935. Congress funded $4.8 

million of this multi-year restoration project in FY 2017. The FY 2023 request will fund the 

remaining stone restoration work in the courtyards, the complete replacement of failed courtyard 

electrical systems, and fountain restoration.

III. Appropriations Language

Supreme Court of the United States 

Care of the Building and Grounds

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, [$10,309,000]$33,512,000, to 

remain available until expended.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)

IV. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 6,280 6,531 6,920

Rent, Communications and Utilities 1,798 2,700 2,850

Travel - 3 4

Other 8,361 14,266 20,788

Total Obligations 16,439 23,500 30,562

Other Adjustments (5,821) (13,191) 2,950

Available Appropriation 10,618 10,309 33,512

U.S. Supreme Court - Care of the Building and Grounds

Comparative Summary of Obligations by Category

($000)
27

 United States Court of Appeals for the Federal Circuit

Salaries and Expenses

FTE ($000) FTE ($000) FTE ($000)

FY 2022 Assumed Appropriation 12 3,241 140 34,006 152 37,247

Adjustments to Base - 115 - 1,148 - 1,263

Program Increases - - - 1,294 - 1,294

FY 2023 Appropriation Request 12 3,356 140 36,448 152 39,804

FY 2023 Request

Mandatory Discretionary Total

The Court of Appeals for the Federal Circuit requests $39.8 million ($3.4 million for mandatory 

expenses and $36.4 million for discretionary expenses) for FY 2023. 

The $36.4 million request for discretionary appropriations represents a 7.2 percent increase over

the FY 2022 assumed discretionary appropriation. For this account, the FY 2022 discretionary 

appropriations assumption is $34.0 million, which is the same as the FY 2022 current services

level. This request includes the necessary adjustments to base to maintain current services and a 

program increase required to replace a courthouse judges’ elevator. 

I. Mandatory Adjustments to Base

The FY 2023 request includes $0.1 million for standard pay and benefits increases for judges. 

II. Discretionary Adjustments to Base

The Court requests a net increase of $1.1 million for standard pay and benefits adjustments, other 

inflationary adjustments, and one less compensable day. 

III. Program Changes

The Court requests an increase of $1.3 million to replace a non-public elevator used by judges

and staff at the Howard T. Markey National Courts Building. This elevator exclusively serves

the separate judges’ security entrance and permits direct access by judges to the parking level of 

the building without public exposure.

IV. Appropriations 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, [$34,006,000]$36,448,000.
28

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. 4502 - Financial Services and General Government Appropriations Act, 2022)

V. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 21,654 24,160 25,103

Rent, Communications and Utilities 6,773 6,821 6,972

Travel 22 50 100

Other 6,158 6,216 7,629

Total Obligations 34,607 37,247 39,804

Other Adjustments 1,996 - -

Available Appropriation 36,603 37,247 39,804

 Mandatory Appropriation 3,103 3,241 3,356

 Discretionary Appropriation 33,500 34,006 36,448

United States Court of Appeals for the Federal Circuit

Comparative Summary of Obligations by Category

($000)
29

United States Court of International Trade

Salaries and Expenses

FTE ($000) FTE ($000) FTE ($000)

FY 2022 Assumed Appropriation 9 2,189 68 20,766 77 22,955

Adjustments to Base - 122 - 639 - 761

Program Increases - - - - - -

FY 2023 Appropriation Request 9 2,311 68 21,405 77 23,716

FY 2023 Request

Mandatory Discretionary Total

The Court of International Trade requests $23.7 million ($2.3 million for mandatory expenses 

and $21.4 million for discretionary expenses) in FY 2023. 

The $21.4 million request for discretionary appropriations represents a 3.1 percent increase over 

the FY 2022 assumed discretionary appropriation. For this account, the FY 2022 discretionary 

appropriations assumption is $20.8 million, which is the same as the FY 2022 current services 

level. This request reflects the necessary adjustments to base to maintain current services. The 

Court requests no program increases for FY 2023.

I. Mandatory Adjustments to Base

The FY 2023 request includes $0.1 million for standard pay and benefits increases for judges. 

II. Discretionary Adjustments to Base

The FY 2023 request includes a net increase of $0.6 million for standard pay and benefits 

adjustments, other inflationary adjustments, and one less compensable day. 

III. Appropriations Language

United States Court of International Trade

Salaries and Expenses

For salaries of officers and employees of the court, services, and necessary expenses of the court, 

as authorized by law, [$20,766,000]$21,405,000.

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. 4502 - Financial Services and General Government Appropriations Act, 2022)
30

IV. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 10,296 11,647 12,158

Rent, Communications and Utilities 8,762 8,949 9,128

Travel 8 130 149

Other 2,598 2,229 2,281

Total Obligations 21,664 22,955 23,716

Other Adjustments 89 - -

Available Appropriation 21,753 22,955 23,716

 Mandatory Appropriation 1,753 2,189 2,311

 Discretionary Appropriation 20,000 20,766 21,405

United States Court of International Trade

Comparative Summary of Obligations by Category

($000)
31

Courts of Appeals, District Courts, and

Other Judicial Services

Salaries and Expenses

FTE ($000) FTE ($000) FTE ($000)

FY 2022 Salaries and Expenses Assumed Appropriation 1,876 480,511 26,075 5,651,379 27,951 6,131,890

Vaccine Injury Compensation Trust Fund Enacted Appropriation - - - 9,850 - 9,850

 Total, FY 2022 Assumed Appropriation 1,876 480,511 26,075 5,661,229 27,951 6,141,740

Adjustments to Base 31 26,245 144 277,718 175 303,963

Adjustments to Base - Vaccine Injury Compensation Trust Fund - - - 600 - 600

 Total, Adjustmements to Base 31 26,245 144 278,318 175 304,563

Program Changes - - 326 44,228 326 44,228

 Total, Program Changes - - 326 44,228 326 44,228

FY 2023 Salaries and Expenses Appropriation 1,907 506,756 26,545 5,973,325 28,452 6,480,081

Vaccine Injury Compensation Trust Fund Appropriation - - - 10,450 - 10,450

 Total, FY 2023 Appropriation Request 1,907 506,756 26,545 5,983,775 28,452 6,490,531

FY 2023 Request

Mandatory Discretionary Total

The judiciary requests $6,490.5 million for the Salaries and Expenses account in FY 2023, 

including $506.8 million for mandatory expenses; $5,973.3 million for discretionary expenses;

and $10.4 million for the Vaccine Injury Compensation Trust Fund. For this account, the 

FY 2022 discretionary appropriations assumption is $5,661.2 million, which is the same as the 

FY 2022 Senate mark. The FY 2023 total discretionary request of $5,983.8 million is a 5.7

percent increase over the FY 2022 assumed discretionary appropriation. 

The request maintains base funding for operations of the courts and related offices at a current 

services level, as well as several program changes to address important staffing and information 

technology (IT) requirements. The program changes include four new full-time magistrate judge 

positions and the conversions of two part-time magistrate judges to full-time magistrate judge 

positions and associated support staff, increases in court support staff due to workload estimates, 

law clerk staffing increases, additional staffing related to IT programs, and other critical IT 

investments.

This account provides for the operating expenses of the 12 regional circuit courts of appeals, 

district courts, bankruptcy courts, and probation and pretrial services offices. This account 

utilizes other funding sources, including fee collections and prior year carryforward balances, to 

offset appropriated funds. The judiciary currently projects that these sources of non-appropriated 

funds will total $365.1 million in FY 2022, $37.2 million more than the FY 2022 estimated level 

of $327.9 million.
32

I. Mandatory Adjustments to Base

The FY 2023 request includes $26.2 million for mandatory increases for Article III, senior, and 

bankruptcy judges as follows: 

1. Pay and benefit cost adjustment for Article III, senior, and bankruptcy judges: 

$18.2 million

An increase of $18.2 million will provide for expected changes in pay and benefits for 

Article III, senior, and bankruptcy judges, including the annualization of the January 

2022 pay adjustment and an assumed January 2023 pay adjustment.

2. Increase in average number of filled Article III judgeships: $3.6 million and 14 FTE

An increase of $3.6 million will provide for an additional 14 filled Article III judgeship

FTEs anticipated in FY 2023, based on a projected 45 confirmations in FY 2023, partially 

offset by active judges projected to take senior status or retire.

3. Increase in average number of senior judges: $1.4 million and 6 FTE

An increase of $1.4 million will provide for an additional 6 senior judges anticipated in 

FY 2023.

4. Increase in average number of bankruptcy judgeships: $3.0 million and 11 FTE

An increase of $3.0 million will provide for an additional 11 filled bankruptcy judgeships

anticipated in FY 2023.

II. Discretionary Adjustments to Base

The FY 2023 request includes a net increase of $278.3 million for discretionary adjustments to 

base. This consists of a net increase of $220.6 million for standard pay and benefits increases,

other inflationary adjustments, and one less compensable day; a net increase of $42.4 million for 

space-related adjustments; and a net increase of $52.5 million for information technology 

requirements. This is partially offset by a decrease of $37.2 million due to an anticipated 

increase in non-appropriated funds.

1. Pay and benefit cost adjustment for magistrate and claims court judges: $6.1 million

An increase of $6.1 million will provide for expected changes in pay and benefits for 

magistrate and claims court judges including the annualization of the January 2022 pay 

adjustment and an assumed January 2023 pay adjustment.
33

2. Increase in the number of filled Article III judges’ staff: $9.1 million and 79 FTE

An increase of $9.1 million will provide for an additional 79 staff FTE to support the

additional 14 filled Article III judgeships anticipated in FY 2023 (noted above in the 

mandatory adjustments to base section).

3. Increase in the number of senior judges’ staff: $3.0 million and 28 FTE

An increase of $3.0 million will provide for an additional 28 staff FTE to support the 6

additional senior judges anticipated in FY 2023 (noted above in the mandatory 

adjustments to base section).

4. Increase in average number of filled bankruptcy judgeships: $4.2 million and 37 FTE

An increase of $4.2 million will provide for an additional 37 staff FTE to support the 11

additional filled bankruptcy judgeships anticipated in FY 2023 (noted above in the 

mandatory adjustments to base section). 

5. Pay and benefit adjustments for court personnel: net $167.7 million

A net increase of $167.7 million will provide for the annualization of the January 2022

pay adjustment, assumed January 2023 pay adjustment, within-grade increases, changes 

in benefits rates, and one less compensable day. 

6. Funding necessary to maintain FY 2022 current service levels due to an anticipated 

increase in non-appropriated funds: ($37.2 million)

In FY 2022, $327.9 million in estimated non-appropriated funds were available to finance 

FY 2022 requirements. In FY 2023, the judiciary expects $365.1 million in nonappropriated funds to be available, which is a net increase of $37.2 million from 

FY 2022. Therefore, the judiciary requests a decrease of $37.2 million in appropriations 

due to a higher amount of anticipated non-appropriated funds.

7. Non-pay inflationary and contractual increases: $29.8 million

An increase of $29.8 million is requested for a 2.0 percent general inflationary increase 

and other contractual and miscellaneous increases.

8. Vaccine Injury Compensation Trust Fund: $0.6 million

The FY 2023 level reflects an increase of $0.6 million for standard pay and non-pay 

inflationary adjustments for the Vaccine Injury program.
34

9. GSA space rental and related expenses: net $42.4 million

The FY 2023 request includes a net increase of $42.4 million for General Services 

Administration (GSA) space rental and related expenses consisting of:

• new space to be delivered in FY 2023 (+$10.6 million), 

• building operations and GSA rent costs (+$22.5 million),

• tenant improvements (+$54.2 million),

• space reduction savings (-$1.0 million), and

• non-recurring space adjustments (-$44.0 million).

10. Information technology (IT) requirements: net $52.5 million

The FY 2023 request includes a net increase of $52.5 million consisting of:

• Court Administration and Case Management Systems (+$29.6 million)

• Administrative and Management Systems (+$12.4 million),

• IT Court Support Reimbursable Program (+$5.7 million),

• Telecommunications Program (+$4.1 million),

• Infrastructure and Collaboration Tools (+$1.2 million), 

• Judicial Statistical and Reporting Systems (+$0.4 million),

• Court IT allotments +($0.3 million), and

• Contractor insourcing savings (-$1.2 million).

III. Program Changes

The FY 2023 request includes an increase of $44.2 million for program changes. These changes

include:

1. New FY 2023 full-time magistrate judges and staff: $2.7 million and 21 FTE

The judiciary requests an additional $2.7 million for four additional full-time magistrate 

judge positions, conversions of two part-time magistrate judge positions to full-time, a 

salary change for a current part-time magistrate judge position (5 FTE), 21 support staff 

(16 FTE), and associated operating costs for the following locations:

• District of Columbia (conversion of part-time to full-time)

• Eastern District of Oklahoma at Muskogee

• Middle District of Florida at Tampa

• District of New Hampshire at Concord

• Southern District of New York at New York City

• Eastern District of North Carolina at Greenville (conversion of part-time to full-time),

• District of Alaska at Fairbanks (salary increase from Level 2 to Level 1).
35

2. FY 2023 court support staffing due to workload changes: net $30.0 million and 282

FTE

The judiciary requests a net increase of $30.0 million for 564 new court support staff 

(282 FTE) in appellate, bankruptcy, district, and probation and pretrial services offices in 

FY 2023 based on projected changes in workload.

Appellate -11 ($1,353)

Bankruptcy 29 2,575 

District 11 966 

Probation/Pretrial 253 27,850 

Total 282 $30,038 

Program Fiscal Year 

2023 FTE

Dollars in 

Thousands

Court Support Staffing 

FY 23 Workload Increase

3. Temporary bankruptcy law clerk program: $0.3 million and 3 FTE

The FY 2023 request reflects an increase of $0.3 million and 3 FTE for the temporary 

bankruptcy law clerk program. This increase will allow some bankruptcy courts to hire 

temporary law clerks to assist with the anticipated increase in bankruptcy filings over the 

next 6 to 18 months as a result of the economic impact of the COVID-19 pandemic and 

to supplement resources available to districts facing specialized, complex cases or other 

workload challenges.

4. National Court Law Clerk program: $2.6 million and 20 FTE

The judiciary requests $2.6 million for a national court law clerk program. After multiple 

evaluations by the Federal Judicial Center and the AO confirming the success of a pilot 

court law clerk program, in 2021, the Judicial Conference approved establishing a 

national program. The program would allow district courts to apply for a court law clerk 

position under three eligibility tracks: (1) a high caseload per judgeship, (2) a low judge 

occupancy rate, or (3) a significant qualitative issue or circumstance (when potentially 

unquantifiable conditions create a burden for the district). Based on eligibility criteria, 

the judiciary projects needing funding for 20 additional law clerk positions in FY 2023.

5. Internal Controls Evaluation System: $3.8 million

The judiciary requests $3.8 million to fund internal controls evaluation software and selfassessment tools for the Internal Controls Evaluation (ICE) System, which is a software 
36

application that helps managers evaluate compliance with certain internal control 

requirements and judiciary procurement policies.

6. Additional IT positions: $2.8 million

The judiciary requests a program increase of $2.8 million and 30 positions (15 FTE) to 

support additional requirements related to planed cybersecurity improvements (27 

positions/13.5 FTE) and PACTS 360 development and deployment (3 positions/1.5 FTE). 

The positions will be AO staff that are reimbursable for the courts’ Salaries and Expenses 

account.

7. Information Technology (IT) Standardization: $2.0 million

The request reflects an increase of $2.0 million to implement IT standardization. This 

program will develop and publish technical standards, recommendations, and frameworks 

to improve efficiency across judiciary data applications, services, and security protocols.

IV. Appropriations Language

Courts of Appeals, District Courts, and Other Judicial Services 

Salaries and Expenses

For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all 

other officers and employees of the Federal Judiciary not otherwise specifically provided for, 

necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for 

Probation and Pretrial Services Office staff, as authorized by law, [$5,651,379,000]

$5,973,325,000 (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, there are appropriated such sums as may be necessary under current law for the 

salaries of circuit and district judges (including judges of the territorial courts of the United 

States), bankruptcy judges, and justices and judges retired from office or from regular active 

service.

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 [$9,850,000]$10,450,000, to be appropriated from the Vaccine Injury Compensation 

Trust Fund. 

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)
37

V. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 3,928,815 4,116,537 4,357,880

Rent, Communications and Utilities 1,124,149 1,234,008 1,262,998

Travel 23,065 47,755 48,786

Other 955,917 1,227,463 1,185,943

Total Obligations 6,031,946 6,625,763 6,855,607

Other Adjustments (193,212) (493,873) (375,526)

Available Appropriation (Direct) 5,838,734 6,131,890 6,480,081

Vaccine Injury Compensation Trust Fund 9,900 9,850 10,450

Total Available Appropriation 5,848,634 6,141,740 6,490,531

 Mandatory Appropriation 445,033 480,511 500,756

 Discretionary Appropriation - Salaries and 

 Expenses Direct 5,393,701 5,651,379 5,979,325

 Discretionary Appropriation - Vaccine Injury

 Compensation Trust Fund 9,900 9,850 10,450

Courts of Appeals, District Courts and Other Judicial Services

Salaries and Expenses

Comparative Summary of Obligations by Category

($000)

VI. Budget Request by Category

Judges & Chambers 

Staff Salaries & 

Expenses

23%

Court Support 

Personnel Benefits

20%

Rent

18%

Court Support 

Personnel Salaries

21%

Information 

Technology

9%

Operations and 

Maintenance

9%

FY 2023 Budget Request

Salaries and Expenses Account

(Obligations)
38

VII. Court Support Staffing

VIII. Judiciary Workload Factors

Criminal Filings 61,021 58,121 67,257 73,012 64,853 59,500 58,800

Year-to-Year Change: 0.3% -4.8% 15.7% 8.6% -11.2% -8.3% -1.2%

Criminal Defendants Filed 79,968 75,235 84,828 90,541 79,122 75,407 74,700

Year-to-Year Change: 1.0% -5.9% 12.8% 6.7% -12.6% -4.7% -0.9%

Civil Filings ** 290,430 271,721 281,202 293,520 421,082 374,250 352,700

Year-to-Year Change: 3.7% -6.4% 3.5% 4.4% 43.5% -11.1% -5.8%

Appellate Filings 60,099 52,028 49,220 47,783 49,044 45,790 45,000

Year-to-Year Change: 13.3% -13.4% -5.4% -2.9% 2.6% -6.6% -1.7%

Bankruptcy Filings 819,159 796,037 775,578 773,361 682,363 462,309 640,300

Year-to-Year Change: -6.9% -2.8% -2.6% -0.3% -11.8% -32.2% 38.5%

Pretrial Services: Cases Activated 88,140 82,265 90,951 98,627 83,839 71,647 78,500

Year-to-Year Change: -2.7% -6.7% 10.6% 8.4% -15.0% -14.5% 9.6%

Pretrial Services: Persons Under Supervision 45,623 43,998 43,997 46,539 46,646 52,915 54,800

Year-to-Year Change: -2.9% -3.6% 0.0% 5.8% 0.2% 13.4% 3.6%

Probation: Presentence Reports 59,562 60,669 60,498 66,622 68,974 47,628 61,000

Year-to-Year Change: -4.5% 1.9% -0.3% 10.1% 3.5% -30.9% 28.1%

Probation: Persons Under Supervision 137,882 135,947 131,036 128,120 126,875 124,249 126,100

Year-to-Year Change: 3.3% -1.4% -3.6% -2.2% -1.0% -2.1% 1.5%

* Both actual and projected workload factors are for 12-month periods ending June 30 each year.

** The actual FY 20, FY 21 and projected FY 22 civil filings include filings related to the multidistrict litigation (MDL) Case 2885 (In RE: 3M Combat Arms Earplug 

Products Liability Litigation) in the Northern District of Florida.

WORKLOAD FACTOR * Actual 2016 Actual 2017 Actual 2018 Actual 2019 Actual 2020 Actual 2021 Projected 2022

22,136

On-board 

21,524 

On-board 

20,659

On-board 

19,418

On-board 

19,101

On-board 

18,875 

Planned

19,117 

Onboard

 17,000

 17,500

 18,000

 18,500

 19,000

 19,500

 20,000

 20,500

 21,000

 21,500

 22,000

 22,500

 23,000

 23,500

7/31/2011 9/30/2011 9/30/2012 9/30/2013 9/30/2014 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 1/16/2022 9/30/2022 9/30/2023

Court Support Staffing 

FY 2011 - FY 2023

On-Board FTE

19,267

Onboard

19,175

Estimated

19,232 

Onboard

19,283

Onboard

19,194 

Onboard

19,312

Onboard

18,384 

On-Board

18,825 

OnBoard
39

IX. Other Sources of Funding for the Judiciary

Explanation of Other Funding Sources

In addition to appropriated funds, each year the judiciary uses other non-appropriated funds to 

offset its appropriation requirements. Fee collections, primarily from court filing fees, comprise 

the majority of these sources of funds. These funds are used to offset expenses within the 

Salaries and Expenses account, allowing the judiciary to request fewer appropriated dollars from 

Congress.

“Unencumbered” Funds

In addition to fee collections, in certain instances the judiciary may carry funds forward from one 

year to the next. These carryforward funds are considered “unencumbered” when they are 

generated by savings in the financial plan where budgeted costs did not materialize, such as 

slower than expected hiring or space delivery dates. These savings are usually unforeseen and 

uncontrollable by the judiciary.

Recognizing that savings in the financial plan tend to occur each year, but at unpredictable 

levels, the judiciary has tried to estimate the level of unencumbered funds that will be available 

to offset FY 2023 requirements. As the table below indicates, the judiciary has estimated that 

unencumbered funds will total $365.1 million in FY 2023, including $215.1 million in new fee 

collections and $150.0 million in other unencumbered carryforward. This level of 

unencumbered funds represents a net increase of $37.2 million from the $327.9 million estimated 

in FY 2022 to help finance court operations. The judiciary requests a decrease of $37.2 million 

in appropriations due to a higher amount of anticipated non-appropriated funds.

The judiciary’s estimates for non-appropriated funds typically fluctuate during the fiscal year. 

AO staff will update the appropriations subcommittee staffs on changes in non-appropriated 

funding levels during FY 2022.

Sources of Non-Appropriated Unencumbered Funds

in Salaries and Expenses

($000)

FY 2022 FY 2023

Plan Request

Fee Collections 163,627 215,076 51,449

Other Carryforward 164,250 150,000 (14,250)

Total, Non-Appropriated 

Sources of Funding, 

Excluding Encumbered

327,877 365,076 37,199

Dollars in Thousands Difference
40

“Encumbered” Funds

Carryforward funds are considered “encumbered” when both the funds and the associated need 

for the funds shift, or slip, to the next year. The judiciary has no-year authority for specific 

purposes for multi-year IT investments and new space-related requirements. Further, in some 

cases, similar to unencumbered funds described above, carryforward of fee balances from the 

prior year includes savings where planned expenses did not occur. This authority is used when 

planned expenses are delayed, or slipped, from one year to the next. In FY 2022, $188.5 million 

of financing and requirements were slipped from FY 2021. 

“Encumbered” funds, while adding to the judiciary’s projected obligations in a given fiscal year, 

do not impact the judiciary’s appropriation requirements. Even if the total amount fluctuates 

from year to year, the funds associated with the specific project are brought forward from the 

prior year to fund the project, resulting in no additional appropriation requirements.
41

Courts of Appeals, District Courts, and

Other Judicial Services

Defender Services

FTE ($000)

FY 2022 Assumed Appropriation 3,383 1,343,338

Adjustments to Base 59 105,111

Program Increases 18 13,262

FY 2023 Appropriation Request 3,459 1,461,711

FY 2023 Request

Discretionary

The judiciary requests $1,461.7 million for Defender Services in FY 2023, an 8.8 percent increase

over the FY 2022 assumed appropriation. For this account, the FY 2022 discretionary 

appropriations assumption is $1,343.3 million, which is the same as the FY 2022 fall re-estimate. 

This FY 2023 request reflects the necessary adjustments to base to maintain current services, as 

well as program changes for federal defender organization (FDO) staffing requirements related to 

workload adjustments; additional positions for the National Litigation Support Team, national 

information technology needs, workload arising from the Supreme Court's decision in McGirt v. 

Oklahoma, and the reimbursable program; and information technology requirements.

This funding supports the provision of constitutionally-mandated legal representation and other 

services to persons financially unable to obtain counsel in criminal and related matters in federal 

court. The Criminal Justice Act provides that courts shall appoint counsel from federal public and 

community defender organizations or from a panel of private attorneys established by the court.

I. Discretionary Adjustments to Base

A net increase of $105.1 million is requested for adjustments to base for pay and benefits, other 

inflationary increases, and one less compensable day as well as for adjustments that will allow the 

judiciary to meet its constitutional obligation to provide defense counsel to all eligible persons in 

FY 2023. These increases include:

1. Pay and benefit adjustments: net $37.1 million

A net increase of $37.1 million will provide for the annualization of the January 2022 pay 

adjustment (including inflationary panel rate adjustments), an assumed January 2023 pay 

adjustment (including inflationary panel rate adjustments), within-grade increases, and 

changes in benefits rates, partially offset by one less compensable day.
42

2. Other inflationary increases: $8.1 million

An increase of $8.1 million is required for inflationary adjustments for non-pay categories, 

including space rental costs.

3. Change in projected panel attorney workload: ($19.5 million)

Prior to the COVID-19 pandemic, panel attorney caseload and payments showed 

significant increases. However, the onset of the COVID-19 pandemic resulted in a large 

reduction in panel attorney payments, and the return to pre-pandemic levels in panel 

attorney caseload and payments has been slower than expected. Therefore, to adjust for 

these decreases, a base adjustment of $19.5 million is requested. Even with this $19.5 

million base reduction, there are adequate funds in the FY 2023 Defender Services request 

to meet projected panel attorney payment and representation requirements.

4. Annualization of FY 2022 positions: $15.1 million and 59 FTE

Funding is required to annualize positions assumed to be funded in FY 2022, including 62 

federal public defender organization (FPDO) positions (31 FTE); 16 community defender 

organization (CDO) positions; 32 positions (16 FTE) related to the Supreme Court’s 

decision in McGirt v. Oklahoma; 24 national positions (12 FTE); and 8 reimbursable 

positions that will support the Defender Services Office.

5. Increase in appropriations needed to fund current services: $64.3 million

In FY 2022, $94.3 million in balances from FY 2021 and prior years will be available to 

finance requirements. In FY 2023, the judiciary currently projects $30.0 million in nonappropriated funds to be available, a decrease of $64.3 million from FY 2022. Because the 

judiciary anticipates having $64.3 million less in carryforward funding available in 

FY 2023, it requests $64.3 million in funding to substitute direct appropriations for base 

expenses previously funded from carryforward balances. The judiciary will advise 

Congress if any savings materialize in FY 2022 that may reduce FY 2023 appropriations 

requirements for this account.

II. Program Changes

The FY 2023 request includes a net $13.3 million for program changes. These changes include:

1. Change in projected FDO workload: ($2.4 million) and (9 FTE)

The FY 2023 request includes a decrease of $2.4 million and 9 FTE for 22 fewer FDO staff 

(18 FPDO positions/9 FTE and 4 CDO positions) due to projected workload adjustments.

This decrease maintains authorized staffing levels at 98 percent of formula requirements.
43

2. National positions: $1.0 million and 4.5 FTE

The requested increase supports nine national positions (4.5 FTE). Of the nine positions, 

one position (0.5 FTE) is related to IT and is necessary to ensure that Defender IT systems 

are secure and mission capable. The other eight positions (4 FTE) will support the

National Litigation Support Team.

3. McGirt v. Oklahoma positions: $4.9 million and 22 FTE

The requested increase supports 44 positions (22 FTE) to address the increase in caseload 

resulting from the Supreme Court’s decision in McGirt v. Oklahoma.

4. Reimbursable positions: $0.7 million

The requested increase supports eight additional reimbursable positions for the AO’s 

Defender Services Office. These positions will support higher workload demands 

associated with data management, financial analysis, legal and policy support, program 

operations, training, and implementation of CJA-related policies approved by the Judicial 

Conference.

5. Information technology, cybersecurity, and IT modernization requirements: $9.2 million

The requested increase will support three IT initiatives ($1.1 million) as well as 

cybersecurity and IT modernization initiatives ($8.0 million). 

The requested $1.1 million increase will support expanding capacity/licenses for existing 

systems related to three IT initiatives:

• an online document review platform used by FDOs and panel attorneys to organize, 

review, and analyze e-discovery;

• cloud content repositories and file sharing services used by defense teams; and

• cybersecurity software for national log and event management to ensure the safety 

of traffic on the virtual private network. 

The requested $8.0 million increase will support enhancements and modernization related 

to five cybersecurity and IT initiatives:

• the relocation of the Defender Services portion of one of the judiciary’s two data 

centers;

• cybersecurity support to assist with designing and implementing state-of-the-art 

security mechanisms to combat cyberattacks;

• DSO networks, governance, and services modernization;

• data security management and improvements; and

• application upgrades.
44

III. Appropriations Language

Courts of Appeals, District Courts, and Other Judicial Services 

Defender Services

For the operation of Federal Defender organizations; the compensation and reimbursement of 

expenses of attorneys appointed to represent persons under 18 U.S.C. 3006(a) and 3599, and for 

the compensation and reimbursement of expenses of persons furnishing investigative, expert, and 

other services for such representations as authorized by law; the compensation (in accordance with 

the maximums under 18 U.S.C. 3006(a) 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 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; the compensation and reimbursement 

of travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b); and for necessary 

training and general administrative expenses, [$1,343,338,000]$1,461,711,000, to remain available 

until expended.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)

IV. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 527,137 588,268 626,180

Rent, Communications and Utilities 57,321 62,169 67,872

Travel 4,742 15,625 15,961

Contractual Services (includes panel attorney payments) 430,357 546,341 544,500

Other (includes grants to Community Defender Organizations) 199,618 225,253 237,198

Total Direct Obligations 1,219,175 1,437,656 1,491,711

Encumbered Carryforward (370) - -

Total Obligations (Excluding Encumbered Carryforward) 1,218,805 1,437,656 1,491,711

Other Adjustments 97,435 (94,318) (30,000)

Available Appropriation 1,316,240 1,343,338 1,461,711

Courts of Appeals, District Courts and Other Judicial Services

Comparative Summary of Obligations by Category

($000)

Defender Services
45

V. Budget Request by Category

VI. Defender Services Workload Factors

Federal Defender 

Organizations

68%

Panel Attorneys

31%

Program 

Administration

1%

FY 2023 Budget Request

Defender Services Account

(Obligations)

2022 2023

Projected Projected

FDO weighted – non-capital 

representations 131,024 142,750 152,496 151,025 116,721 135,500 142,200

FDO weighted – capital 

prosecutions 2,752 2,101 1,174 1,019 663 800 900

Total FDO weighted 

Representations1 133,776 144,851 153,670 152,044 117,384 136,300 143,100

Panel Attorneys 79,352 77,130 89,079 93,189 64,326 65,300 72,600

Total Representations2 213,128 221,981 242,749 245,233 181,710 201,600 215,700

Year-to-Year Change 4.2% 9.4% 1.0% -25.9% 10.9% 7.0%

1

 FDO caseload actuals and projections are based on raw cases converted to weighted cases. 

2

 Statistical data are for a 12-month period through March 31 of each year.

Total Representations

Workload Factor 2017 

Actual

2018 

Actual

2019 

Actual

2020 

Actual

2021 

Actual
46

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47

Courts of Appeals, District Courts, and

Other Judicial Services

Fees of Jurors and Commissioners

FTE ($000)

FY 2022 Assumed Appropriation - 35,157

Adjustments to Base - 10,520

Program Increases - -

FY 2023 Appropriation Request - 45,677

FY 2023 Request

Discretionary

The judiciary requests $45.7 million for Fees of Jurors and Commissioners in FY 2023, a 29.9

percent increase over the FY 2022 assumed appropriation. For this account, the FY 2022 

discretionary appropriations assumption is $35.2 million, which is the same as the FY 2022 fall reestimate. The large appropriations increase over FY 2022 reflects the significant use of 

unobligated balances available from FY 2021, mainly due to reduced juror activity related to the 

pandemic, to finance FY 2022 requirements. The FY 2023 request reflects the necessary 

adjustments to base to maintain current services, including $15.8 million to replace the one-time 

carryforward balances with appropriated funds, partially offset by a $5.3 million net decrease for 

inflationary adjustments and changes in projected program requirements.

Costs associated with this account may vary and are driven by the number of jury trials, the length 

of those trials, and statutory rates for reimbursement paid to jurors.

I. Discretionary Adjustments to Base

The FY 2023 request includes a net increase of $10.5 million in adjustments to base associated

with inflationary adjustments, projected changes in juror days, and other adjustments to maintain 

current services. This increase will allow the account to continue to pay for the statutory fees and 

expenses of grand and petit jurors and compensation of land commissioners in FY 2023. These 

adjustments include:

1. Inflationary adjustments: $0.5 million

In addition to attendance fees, jurors also are reimbursed for certain expenses, including 

meals and lodging for sequestered jurors and transportation of juries to view evidence or 

crime scenes. Inflationary increases associated with these expenses are expected to total 

$0.2 million for grand jurors and $0.3 million for petit jurors in FY 2023.
48

2. Projected change in juror days: ($5.7 million)

Overall expenses for grand and petit jurors are expected to decrease by $5.7 million in 

FY 2023 based on the projected number of available grand and petit jurors.

3. Increase in appropriations needed to fund current services: $15.8 million

In FY 2022, $15.8 million in balances from FY 2021 and prior years is available to finance 

FY 2022 requirements. The judiciary expects to obligate all of this funding in FY 2022. 

Because the judiciary anticipates having $15.8 million less in carryforward funding in FY 

2023, it requests $15.8 million more to maintain current services.

II. Appropriations Language

Courts of Appeals, District Courts, and Other Judicial Services 

Fees of Jurors and Commissioners

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)), [$35,157,000]$45,677,000, 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.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)

III. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 16,609 25,368 22,972

Rent, Communications and Utilities 1,880 2,825 2,881

Travel 13,527 22,914 19,916

Other 1,347 2,850 2,908

Total Direct Obligations 33,363 53,957 48,677

Other Adjustments (846) (18,800) (3,000)

Available Appropriation 32,517 35,157 45,677

Courts of Appeals, District Courts and Other Judicial Services

Comparative Summary of Obligations by Category

($000)

Fees of Jurors and Commissioners
49

IV. Budget Request by Category

Petit Jurors

65.5%

Grand Jurors

34.2%

Land 

Commissioners

0.2%

FY 2023 Budget Request

Fees of Jurors and Commissioners Account

(Obligations)
50

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51

Courts of Appeals, District Courts, and

Other Judicial Services

Court Security

FTE ($000)

FY 2022 Assumed Appropriation 84 704,824

Adjustments to Base 4 32,559

Program Increases 8 48,206

FY 2023 Appropriation Request 96 785,589

Discretionary

FY 2023 Request

The judiciary requests $785.6 million for Court Security in FY 2023, an 11.5 percent increase 

over the FY 2022 assumed appropriation. For this account, the FY 2022 discretionary 

appropriations assumption is $704.8 million, which is the same as the FY 2022 fall re-estimate. 

This FY 2023 request reflects the necessary adjustments to base to maintain current services. 

The request also includes several program increases related to the court security officer (CSO)

program, security systems and equipment needs, and additional U.S. Marshals Service (USMS)

staffing requirements. The majority of the funding in this account is transferred to the USMS, 

which is responsible for administering the Judicial Facility Security Program. 

I. Discretionary Adjustments to Base

The Court Security request includes $32.6 million for adjustments to base for pay and benefits, 

other inflationary increases, one less compensable day, and other adjustments to maintain current 

services in FY 2023. These adjustments include:

1. Pay and benefits adjustments: net ($1.3 million)

A net decrease of $1.3 million will provide for the annualization of the January 2022 pay 

adjustment, an assumed January 2023 pay adjustment, within-grade increases, changes in 

benefit rates, partially offset by one less compensable day.

2. Annualization of CSO positions (28.5): $1.3 million

Funding is required to annualize costs for 28.5 additional CSO positions needed to staff 

new courthouse construction projects in FY 2022.

3. Annualization of USMS positions: $0.9 million and 4 FTE

Funding is required to annualize costs for four new USMS positions (2 FTE) to support 

the equipment modernization and cyclical replacement strategy, three new USMS 
52

positions (1 FTE) in the CSO Applications and Qualification branch, and two new USMS 

positions (1 FTE) for the CSO radio communications program. 

4. Annualization for Judiciary Vulnerability Management Program: $2.6 million

The full-year cost to support this program is $10.5 million for 19 positions and 33 

contractors. In FY 2022, Congress approved a reprogramming to use prior-year balances 

to provide initial funding for a new Judiciary Vulnerability Management Program. The 

requested increase provides for the annualized costs for the program. In FY 2023, the 

judiciary requests a total of $10.5 million to maintain the program going forward, which 

includes $2.6 million for annualization along with the $7.9 million funding adjustment on 

page 53.

5. FY 2023 CSO contract and wage rate adjustments: $14.3 million

This increase provides for an average 3.0 percent wage adjustment for contract CSOs, as 

established by the U.S. Department of Labor and based on collective bargaining 

agreements.

6. Non-pay inflationary increase: $0.4 million

An increase of $0.4 million is requested for a 2.0 percent general inflationary increase for 

travel, supplies, equipment, and other contractual services (exclusive of CSO contracts). 

7. Changes in Federal Protective Service security charges: $4.1 million

The requested increase of $4.1 million will fund basic and building-specific security 

expenses based on anticipated billings from the Department of Homeland Security 

Federal Protective Service (FPS). The total request for FPS charges is $84.3 million in 

FY 2023, which is a 5.2 percent increase from the $80.1 million projected for FY 2022.

($000) FY 2022 FY 2023 Difference

Basic 24,338 27,500 3,162

Building-Specific 55,794 56,776 982

Total FPS 80,132 84,276 4,144

8. Adjustments to base for security systems and equipment: $2.4 million

The requested amount reflects an increase of $2.4 million in the court security systems 

and equipment acquisition plan (excluding proposed program increases). This increase is 

primarily for physical access control systems (PACS) and video management systems 

(VMS), other additional and replacement equipment, the nationwide maintenance 

contract for existing security systems and equipment, the nationwide vehicle barrier 

maintenance contract, and miscellaneous systems and equipment.
53

9. Funding adjustment due to a decrease in non-appropriated sources of funds:

$7.9 million

In FY 2022, $22.9 million in balances from FY 2021 and prior years is available to 

finance FY 2022 requirements. In FY 2023, the judiciary expects $15.0 million in nonappropriated funds to be available, a decrease of $7.9 million from FY 2022. Because the 

judiciary anticipates having $7.9 million less in carryforward funding available in 

FY 2023, it requests $7.9 million more in funding to maintain current services. 

II. Program Changes

The FY 2023 request includes $48.2 million for program increases. These increases include:

1. New courthouse construction projects

a. Security infrastructure for new courthouses: $2.7 million

In FY 2022, $2.1 million is included for security systems requirements for new 

courthouse construction projects, and $4.8 million is required in FY 2023 for the 

courthouse projects in Fort Lauderdale, FL ($4.2 million) and Toledo, OH ($0.6 million). 

Thus, an increase of $2.7 million is associated with one-time security requirements in FY 

2023.

b. Additional CSOs (7) for new courthouses: $0.5 million

The FY 2023 request includes $0.5 million for an additional 7 CSO positions for new 

courthouses or annexes nearing completion in in Charlotte, NC (2 CSOs) and Savannah, 

GA (5 CSOs). These positions are needed to adequately staff these new courthouse 

construction projects that are projected to be open in FY 2023 or early FY 2024.

2. CSO staffing for McGirt requirements (16 CSOs): $1.0 million

In FY 2023, the judiciary requests an increase of $1.0 million for 16 CSO positions 

related to increased requirements to provide additional staffing at court facilities in the 

Districts of Northern and Eastern Oklahoma as a result of the decision in McGirt v. 

Oklahoma. 

3. Court unit emergency management program: $1.1 million

The FY 2023 request includes an increase of $1.1 million to fund local security and 

emergency preparedness initiatives, such as shelter-in-place supplies, active shooter 

training, two-way radios, building evacuation supplies, and first aid kits. 
54

4. Courthouse hardening: $20.0 million

The judiciary is working with the USMS, FPS, and GSA and taking a risk-based 

approach to implement security measures needed to harden courthouses against attempts 

to breach court facilities and disrupt the judicial process. In FY 2022, the judiciary 

included $15.0 million in recurring funding for courthouse hardening in its fall reestimate. For FY 2023, the judiciary requests an additional $20.0 million in recurring 

funding along with the $15.0 million assumed in the FY 2022 base, for a total of $35.0 

million for courthouse hardening in FY 2023. 

5. Equipment modernization and cyclical replacement strategy

a. Video management systems (VMS): $10.5 million

The FY 2023 request includes an additional $10.5 million for modernization and cyclical 

replacement of aging VMS. With the $15.3 million in base funding available in 

FY 2022, there will be a total of $25.8 million in annual funding for VMS in FY 2023. 

At this funding level, the judiciary will be able to replace all VMS over a ten-year period 

and cyclically replace them going forward.

b. USMS staffing for VMS: $0.6 million and 2 FTE

The FY 2023 request includes $0.6 million for four new physical security specialist (PSS) 

positions (2 FTE) at the USMS to support the equipment modernization and cyclical 

replacement strategy. This request will complete the 12 additional PSS positions 

requested for FY 2021, FY 2022, and FY 2023 to support the equipment modernization 

and cyclical replacement strategy. 

6. Phased implementation of the revised CSO staffing standards: $5.4 million

The FY 2023 request includes $5.4 million for an additional 86 CSOs. With this request, 

the phased implementation of the revised CSO staffing standards will be complete.

7. CSO hours restoration: $2.5 million

The judiciary requests $2.5 million to restore 10 hours per CSO position in FY 2023. 

Previously, the judiciary and the USMS decided to temporarily decrease CSO hours and 

associated funding – 25 hours in FY 2016 and 23 hours in FY 2017 – as a costcontainment measure. At the time, the USMS was experiencing challenges using all the 

available CSO funding, which resulted in significant funding surpluses. Since 2017, the 

USMS has implemented processes and procedures to better manage the CSO contracts,

more effectively use CSO resources, and ensure adequate security is provided at court 

facilities. The requested funds will be used to gradually increase CSO hours and provide 

more guard coverage at courthouses. 
55

8. USMS positions for Judicial Facility Security Program: $2.1 million and 6 FTE

The judiciary requests $2.1 million for 12 new USMS positions for the Judicial Facility 

Security Program in FY 2023. The request consists of six positions (3 FTE) for 

operational and administrative support to district judicial security inspectors, four 

positions (2 FTE) for contract support, one position (0.5 FTE) and three contractors for 

ensuring contract compliance, and one position (0.5 FTE) for supporting the CSO radio 

communications program. This will bring the total number of judiciary-funded positions 

at the USMS to 104.

9. Active vehicle barrier (AVB) preventive maintenance: $1.8 million

For FY 2023, the judiciary requests $1.8 million to increase the frequency of preventive 

AVB maintenance to mitigate breakdowns. 

III. Appropriations Language

Courts of Appeals, District Courts, and Other Judicial Services 

Court Security

(Including Transfers of Funds)

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 or 

Administrative Office of the U.S. Courts operations, [and ]the procurement, installation, and 

maintenance of security systems and equipment for United States courthouses and other facilities 

housing Federal court operations or Administrative Office of the U.S. Courts, [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), [$704,824,000]$785,589,000, of which not to exceed $20,000,000 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: Provided, That, notwithstanding 

any other provision of law, funds may be used for identifying, redacting and reducing personally 

identifiable information on the internet of judges and other persons who live at the judge’s 

domicile; and managing a Judiciary-wide program to facilitate security and emergency 

management services among the Judiciary, United States Marshals Service, Federal Protective 

Service, General Services Administration, other federal agencies, state and local governments 

and the public.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)
56

IV. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 11,034 13,374 17,413

Rent, Communications and Utilities 7,890 9,475 9,560

Travel 1,452 639 652

Court Security Officers Contract 430,158 471,885 494,429

Federal Protective Service Charges 82,368 80,132 84,276

Other 128,376 164,180 194,259

Total Direct Obligations 661,278 739,685 800,589

Other Adjustments 2,733 (34,861) (15,000)

Available Appropriation 664,011 704,824 785,589

Courts of Appeals, District Courts and Other Judicial Services

Comparative Summary of Obligations by Category

($000)

Court Security

V. Budget Request by Category

Court Security 

Officer Contract 

Costs

62%

Security Systems 

and Equipment

21%

Federal Protective 

Service Charges

10%

Program 

Administration

7%

FY 2023 Budget Request

Court Security Account

(Obligations)
57

Administrative Office of the U.S. Courts

Salaries and Expenses

FTE ($000)

FY 2022 Assumed Appropriation 643 104,128

Adjustments to Base 4 6,827

Program Increases 2 306

FY 2023 Appropriation Request 648 111,261

Discretionary

FY 2023 Request

The Administrative Office of the U.S. Courts (AO) requests $111.3 million in FY 2023, a 6.9

percent increase over the FY 2022 assumed appropriation. For this account, the FY 2022 

discretionary appropriations assumption is $104.1 million, which is the same as the FY 2022 fall 

re-estimate. The FY 2023 request reflects the necessary adjustments to base to maintain current 

services and program increases to add contractor suitability staff in the AO Human Resources 

Office and to expand the staff in the Office of Compliance and Risk.

In addition to the appropriation provided by Congress, the AO receives non-appropriated funds 

from sources such as fee collections and carryover balances to offset its appropriation 

requirements. The AO also receives reimbursements from other judiciary accounts for 

information technology development and other services that are in direct support of the courts, 

the court security program, and defender services. 

I. Discretionary Adjustments to Base

The AO requests a net increase of $6.8 million in adjustments to base in FY 2023 for standard 

pay and benefits adjustments, inflationary increases, one less compensable day, and other 

adjustments to maintain current services in FY 2023.

II. Program Increases

The FY 2023 request includes $0.3 million for program increases. These increases include:

1. Contractor suitability: $0.2 million and 1 FTE

The judiciary requests $0.2 million and 2 positions (1 FTE) for the Contractor 

Suitability/Background Investigation Program Office in the AO’s Human Resources

Office. The AO currently only has sufficient staff to support conducting suitability and 

background investigations for federal employees, not contractors. These positions will 
58

provide the necessary staff support to expand future suitability and background 

investigation reviews to encompass contract staff as well. 

2. Office of Compliance and Risk: $0.1 million and 0.5 FTE

The AO established a Compliance and Risk Officer position in FY 2020 to assess risk 

across the agency and remediate critical findings from audits and reviews. The office 

added two positions, one each in FY 2021 and FY 2022, to focus on oversight of 

corrective actions and risk management. For FY 2023, a fourth position (0.5 FTE) is 

requested to further support the efforts of this office. 

III. Appropriations Language

Administrative Office of the United States Courts

Salaries and Expenses

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, 

[$104,128,000]$111,261,000, of which not to exceed $8,500 is authorized for official reception 

and representation expenses.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)

IV. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 222,608 245,220 267,654

Rent, Communications and Utilities 513 585 599

Travel 44 1,382 1,415

Other 6,373 7,774 7,959

Total Direct Obligations 229,538 254,961 277,627

Other Adjustments (19,192) (17,260) (16,003)

Reimbursable Program (114,671) (133,573) (150,363)

Available Appropriation 95,675 104,128 111,261

Administrative Office of the U.S. Courts

Comparative Summary of Obligations by Category

($000)
59

Federal Judicial Center

Salaries and Expenses

FTE ($000)

FY 2022 Assumed Appropriation 128 32,151

Adjustments to Base - 1,304

Program Increases - -

FY 2023 Appropriation Request 128 33,455

FY 2023 Request

Discretionary

The Federal Judicial Center (FJC) requests $33.5 million in FY 2023, a 4.1 percent increase over 

the FY 2022 assumed appropriation. For this account, the FY 2022 discretionary appropriations 

assumption is $32.2 million, which is the same as the FY 2022 fall re-estimate. This request 

reflects the necessary adjustments to base to maintain current services. The FJC requests no 

program increases for FY 2023.

The FJC, which is the research and education arm of the Third Branch, provides judges and other 

judiciary personnel with education and training on legal developments and efficient litigation 

management and court administration. As such, its workload is derived in large part from the 

population of the courts. 

I. Discretionary Adjustments to Base

The Federal Judicial Center requests $1.3 million in adjustments to base for standard pay and 

benefits increases, other inflationary adjustments, and one less compensable day. 

II. Appropriations Language

Federal Judicial Center

Salaries and Expenses

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, 

[$32,151,000]$33,455,000; of which $1,800,000 shall remain available until September 30, 

[2023]2024, 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.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)
60

III. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 22,517 23,578 24,708

Rent, Communications and Utilities 373 542 553

Travel 458 5,887 6,099

Other 2,610 2,299 2,345

Total Direct Obligations 25,958 32,306 33,705

Other Adjustments 3,057 (155) (250)

Available Appropriation 29,015 32,151 33,455

Federal Judicial Center

Comparative Summary of Obligations by Category

($000)
61

United States Sentencing Commission

Salaries and Expenses

FTE ($000)

FY 2022 Assumed Appropriation 95 20,829

Adjustments to Base - 1,063

Program Increases - -

FY 2023 Appropriation Request 95 21,892

FY 2023 Request

Discretionary

The United States Sentencing Commission (the Commission) requests $21.9 million in FY 2023, 

a 5.1 percent increase over the FY 2022 assumed appropriation. For this account, the FY 2022 

discretionary appropriations assumption is $20.8 million, which is the same as the FY 2022 

current services level. The FY 2023 request reflects the necessary adjustments to base to 

maintain current services. The Commission requests no program increases for FY 2023.

The Commission’s duties are to review and revise the sentencing guidelines regularly, collect 

data from federal sentencing courts, analyze these data to provide meaningful information on 

federal sentencing practices, and provide extensive training to guideline users.

I. Discretionary Adjustments to Base

The Commission requests $1.1 million in adjustments to base for standard pay and benefits

increases, other inflationary adjustments, and one less compensable day. 

II. Appropriations Language

United States Sentencing Commission

Salaries and Expenses

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, 

United States Code, [$20,829,000]$21,892,000, of which not to exceed $1,000 is authorized for 

official reception and representation expenses.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)
62

III. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Compensation and Benefits 15,187 17,582 18,587

Rent, Communications and Utilities 23 26 25

Travel 76 157 400

Other 4,566 3,064 2,880

Total Direct Obligations 19,852 20,829 21,892

Other Adjustments 113 - -

Available Appropriation 19,965 20,829 21,892

United States Sentencing Commission

Comparative Summary of Obligations by Category

($000)
63

Title III Administrative Provisions – The Judiciary

Note: In the absence of enacted FY 2022 full year appropriations, the judiciary built its 

FY 2023 language requests using the House-passed version of the FY 2022 Financial 

Services and General Government (FSGG) bill. Therefore, the bracketed and italicized 

changes reflected below are being made to FY 2022 language as it appears in H.R. 4502.

SEC. 301. Appropriations and authorizations made in this title which are available for 

salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.

SEC. 302. Not to exceed 5 percent of any appropriation made available for the current 

fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no 

such appropriation, except “Courts of Appeals, District Courts, and Other Judicial Services, 

Defender Services” and “Courts of Appeals, District Courts, and Other Judicial Services, Fees of 

Jurors and Commissioners”, shall be increased by more than 10 percent by any such transfers: 

Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds 

under sections 604 and 608 of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in section 608.

SEC. 303. Notwithstanding any other provision of law, the salaries and expenses 

appropriation for “Courts of Appeals, District Courts, and Other Judicial Services” shall be 

available for official reception and representation expenses of the Judicial Conference of the 

United States: Provided, That such available funds shall not exceed $11,000 and shall be 

administered by the Director of the Administrative Office of the United States Courts in the 

capacity as Secretary of the Judicial Conference.

SEC. 304. Section 3315(a) of title 40, United States Code, shall be applied by substituting

“Federal” for “executive” each place it appears.

SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other 

provision of law, the United States Marshals Service shall provide, for such courthouses as its 

Director may designate in consultation with the Director of the Administrative Office of the 

United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 

authorizes the Department of Homeland Security to provide, except for the services specified in 

40 U.S.C. 1315(b)(2)(E). For building-specific security services at these courthouses, the 

Director of the Administrative Office of the United States Courts shall reimburse the United 

States Marshals Service rather than the Department of Homeland Security.

SEC. 306. (a) Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–

650; 28 U.S.C. 133 note), is amended [in the matter following paragraph 12–]

[(1)] in the second sentence (relating to the District of Kansas) following paragraph 

(12), by striking “[30]31 years and 6 months” and inserting “[31]32 years and 6 months”.[; 

and]
64

[(2) in the sixth sentence (relating to the District of Hawaii), by striking “27 years and 6 

months” and inserting “28 years and 6 months”.]

(b) Section 406 of the Transportation, Treasury, Housing and Urban Development, the 

Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public 

Law 109–115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second sentence (relating 

to the eastern District of Missouri) by striking “[28]29 years and 6 months” and inserting “[29]30

years and 6 months”.

(c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations 

Authorization Act (Public Law 107–273; 28 U.S.C. 133 note), is amended—

(1) in the first sentence by striking “[19]20 years” and inserting “[20]21 years”;

(2) in the second sentence (relating to the central District of California), by striking 

“[18]19 years and 6 months” and inserting “[19]20 years and 6 months”; and

(3) in the third sentence (relating to the western district of North Carolina), by striking 

“[17]18 years” and inserting “[18]19 years”.

This title may be cited as the “Judiciary Appropriations Act, [2022]2023”.

Explanation of Changes

• The above language extends nine temporary district judgeships for 12 months each: 

Alabama-Northern, Arizona, California-Central, Florida-Southern, Kansas, Missouri-Eastern, 

New Mexico, North Carolina-Western, and Texas-Eastern. 
65

Judicial Retirement Funds

Payment to Judiciary Trust Funds

FTE ($000)

FY 2022 Assumed Appropriation - 272,600

Adjustments to Base - (20,800)

FY 2023 Appropriation Request - 251,800

FY 2023 Request

Mandatory

The judiciary requests $251.8 million in mandatory appropriations for the Judicial Retirement 

Funds in FY 2023, a 7.6 percent decrease below the FY 2022 assumed level. 

The Payment to the Judiciary Trust Funds is a mandatory account and is divided among three 

trust funds that finance payments to (1) retired bankruptcy and magistrate judges, (2) retired 

Court of Federal Claims judges, and (3) spouses and dependent children of deceased judicial 

officers. The appropriation requirements are calculated annually by an enrolled actuary pursuant 

to 31 U.S.C. 9503.

I. Mandatory Adjustments to Base

Based on independent actuarial calculations, a decrease of $20.8 million is required for this 

account for FY 2023. 

II. Appropriations Language

Sec. [617]__. (a) There are appropriated for the following activities the amounts required under 

current law:

(1) Compensation of the President (3 U.S.C. 102).

(2) Payments to--

(A) the Judicial Officers' Retirement Fund (28 U.S.C. 377(o));

(B) the Judicial Survivors' Annuities Fund (28 U.S.C. 376(c)); and

(C) the United States Court of Federal Claims Judges' Retirement Fund (28 U.S.C. 

178(l)).

(3) Payment of Government contributions--

(A) with respect to the health benefits of retired employees, as authorized by chapter 

89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act 

(74 Stat. 849); and

(B) with respect to the life insurance benefits for employees retiring after December 

31, 1989 (5 U.S.C. ch. 87).
66

(4) Payment to finance the unfunded liability of new and increased annuity benefits under 

the Civil Service Retirement and Disability Fund (5 U.S.C. 8348).

(5) Payment of annuities authorized to be paid from the Civil Service Retirement and 

Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 

of title 5, United States Code.

(b) Nothing in this section may be construed to exempt any amount appropriated by this 

section from any otherwise applicable limitation on the use of funds contained in this Act.

(H.R. 4502 - Financial Services and General Government Appropriations Act, 2022)

III. Summary of Obligations

Category

FY 2021

Actual

FY 2022

Assumed

FY 2023

Request

Other - Judicial Officers' Retirement Fund 229,400 238,100 222,500

Other - Judicial Survivors' Annuities Fund 29,100 30,400 26,200

Other - United States Court of Federal 

Claims Judges' Retirement Fund 3,800 4,100 3,100

Total Obligations/Appropriations 262,300 272,600 251,800

Judicial Retirement Funds

Comparative Summary of Obligations by Category

($000)
67

Judiciary Space Priorities

for the

Fiscal Year 2023 Budget Request
68

PAGE INTENTIONALLY LEFT BLANK
69

The federal courthouse construction program is administered jointly by the judiciary and General 

Services Administration (GSA). The judiciary establishes priorities for courthouse construction 

projects and sets the housing requirements for each project to ensure that completed facilities

meet the needs of the courts. GSA, as the holder of real property authority, secures the funding 

for courthouse construction, acquires the building site, and completes design and construction 

work on the facilities themselves. 

The judiciary sets forth its priorities for courthouse construction funding on its Federal Judiciary 

Courthouse Project Priorities (CPP) list. The CPP is divided into two parts. Part I consists of 

the judiciary’s highest courthouse construction funding priorities for the budget year. Part II 

identifies out-year courthouse construction priorities.

Management of Prior Year Courthouse Construction Funding

In FY 2016, Congress provided $948 million to GSA for the construction of courthouses on the 

judiciary’s CPP list, as approved by the Judicial Conference in September 2015. Consistent with 

congressional intent, this FY 2016 courthouse construction funding has been used to fully fund 

eight projects: Nashville, TN; Toledo, OH; Charlotte, NC; Des Moines, IA; Greenville, SC; 

Anniston, AL; Savannah, GA; and San Antonio, TX. Partial funding was also provided for 

Harrisburg, PA. In addition, Congress provided $53 million for GSA for new construction and 

acquisition of federal buildings that jointly house U.S. courthouses and other federal agencies in 

Greenville, MS, and Rutland, VT. Joint courthouse/federal building projects are prioritized by 

GSA and do not appear on the judiciary’s CPP. All the courthouse projects have been 

authorized by both the House Committee on Transportation and Infrastructure and the Senate 

Committee on the Environment and Public Works. 

In FY 2018, Congress provided the remainder of funding needed to complete the project in 

Harrisburg, PA ($137.2 million), as well as complete construction funding for two additional 

projects: Huntsville, AL ($110.0 million), and Fort Lauderdale, FL ($190.1 million). Both the 

Huntsville and Fort Lauderdale projects have received authorization and are underway.

In FY 2021, Congress provided partial funding of $135.5 million for the Hartford, CT, 

courthouse, and partial funding of $94.5 million for the Chattanooga, TN, courthouse. Both 

projects are awaiting congressional authorization and remaining funds in FY 2022. 

Since receiving funding in FY 2016, the Rutland courthouse acquisition was completed in 

October 2018, and the Charlotte Annex, Savannah Annex, and the Greenville, SC projects were 

completed in FY 2021. The San Antonio new courthouse project was completed in December 

Courthouse Construction
70

2021, and the Nashville, Anniston and Harrisburg new courthouses are expected to be completed 

in FY 2022.

Each of the remaining fully funded projects (Charlotte R&A, NC; Des Moines, IA; Greenville, 

MS; Toledo, OH; Savannah R&A, GA; Huntsville, AL; and Ft. Lauderdale, FL) is in a different 

stage of development. The AO continues to engage with GSA, USMS, and other Executive 

Branch stakeholders to ensure that additional milestones are reached, and projects remain on 

track. These activities include regular coordination and project status meetings; development of 

a communications and program management plan; establishment of a National Courthouse 

Change Management Board to provide key oversight of the changes impacting scope, schedule,

and budget; and deployment of a program management dashboard to track progress. 

Coordination continues among judiciary stakeholders to address issues impacting the portfolio 

including risks, policies, and best practices.

Update to the CPP

In September 2021, the Judicial Conference of the United States approved an updated CPP list 

for FY 2023. For FY 2023, the approved CPP reflects the continuing judicial space emergency 

in San Juan, Puerto Rico, which makes that project the de facto top courthouse construction 

priority of the judiciary. 

Judicial Space Emergency of the CPP as listed below:

• San Juan, PR - $262.2 million for design and construction (site is federally owned)

Part I of the CPP includes two projects:

• Hartford, CT – $199.5 million for construction ($135.5 million previously funded in FY 

2021 for site, design, and construction)

• Chattanooga, TN – $123.9 million for construction ($94.5 million previously funded in 

FY 2021 for site, design, and construction)

Part II of the CPP includes five projects:

• Bowling Green, KY

• Anchorage, AK

• McAllen, TX

• Greensboro/Winston Salem, NC

• Norfolk, VA
71

U.S. Courthouse Project ($000)

U.S. Courthouse, Augusta, Georgia 18,700

Ross Adair Federal Building and U.S. Courthouse, Fort Wayne, Indiana 17,200

FY 2023 Request 35,900

FY 2023 Request

The Capital Security Program (CSP) is funded as a Special Emphasis Program within GSA’s

Federal Buildings Fund. The CSP provides funding to address serious security deficiencies in 

existing courthouse buildings where physical renovations are viable in lieu of constructing a new 

courthouse. 

Fiscal Year 2023 Projects

The judiciary’s FY 2023 request for the CSP is $35.9 million for its two highest priorities. 

Actual projects funded, and the amounts associated with them, may change depending on the 

final amount appropriated for the CSP and the most recent project cost estimates available at the 

time of appropriation. If funding is limited or costs change, requested projects that cannot be 

accommodated within the available appropriation will be reduced in scope or deferred to the 

following fiscal year. 

1. U.S. Courthouse, Augusta, GA (construction only): $18.7 million

The U.S. Courthouse in Augusta was constructed in 1916 and expanded in 1930. It is 

listed on the National Register of Historic Places. The 28,321 useable square feet, threestory plus basement structure houses two courtrooms, one hearing room, and three 

chambers. Its Asset Management Planning (AMP) process Facility Benefit Assessment 

(FBA) Security score is 26.4.1

 Security deficiencies at this courthouse will be addressed 

by replacing an existing open air carport with an enclosed U.S. Marshals Service (USMS) 

sally port and separate judges’ parking area, enlarging and reconfiguring the existing 

security screening queuing area, providing a dedicated judges’ elevator and a dedicated 

prisoner elevator, reconfiguring the first floor to provide secure and restricted circulation 

paths for prisoners and judges, and constructing a new prisoner movement circulation 

corridor over the first-floor roof to provide secure circulation on the second floor. This 

project was requested in FYs 2019 through 2022, but no program funding was provided. 

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1 An FBA Security score of 100 represents an “ideal courthouse” and a score below 60 represents a “poor 

courthouse.”

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This project received $2 million for design in FY 2021 from the canceled Raleigh, NC, 

CSP project.

2. Ross Adair Federal Building and U.S. Courthouse, Fort Wayne, IN (construction only): 

$17.2 million

This location was approved for a CSP study in June 2016 and currently has an AMP 

process FBA Security Score of 29.9. The study was completed in Fall 2018 and 

approved by the district and circuit courts. Security deficiencies at this courthouse will 

be addressed by adding a new judges’ parking garage, new USMS sally port and secured 

parking for USMS staff, two new prisoner elevators, a new security screening station, 

new fire egress stairs, a new jury room, and a new holding cell. Also, two dedicated 

judges’ elevators will be provided (one is repurposed from an existing shared elevator 

and the other is a new elevator that will provide restricted circulation to the second floor, 

including courtrooms). This project received $2 million for design in FY 2021 from the 

canceled Raleigh, NC CSP project.