UNITED STATES SENTENCING COMMISSION

Salaries and Expenses

SUMMARY STATEMENT OF ACCOUNT REQUIREMENTS

Fiscal Year 2019 Assumed Appropriation $18,548,000

Fiscal Year 2020 Requested Appropriation $19,265,000

 Requested Increase from Fiscal Year 2019 Assumed Appropriation $717,000

APPROPRIATION 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, [$18,548,000]$19,265,000 , of 

which not to exceed $1,000 is authorized for official reception and 

representation expenses. 

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

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

 10.1
Fiscal Year 2020 Resource Requirements:

FTEs Amount

Fiscal Year 2019 Assumed Obligations..................................................................... 95 20,217

 Carryforward balance from the Judiciary Information Technology Fund.............................. - (1,669)

Fiscal Year 2019 Assumed Appropriation .................................................................. 95 18,548

Page No. Adjustments to Base to Maintain Current Services:

A. Commission Personnel

Pay and Benefit Adjustments

10.16 1. Annualization of assumed 2019 pay adjustment (1.9% for three months) . . . . . . . . . . . . - 72

10.16 2. Promotions and within-grade increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 160

 3. Benefits increases ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.16 a. Health benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 25

10.17 b. FICA adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 23

10.17 c. FERS adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 256

10.17 4. One more compensable day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 60

SALARIES AND EXPENSES

FISCAL YEAR 2020

(Dollar amounts in thousands)

SUMMARY OF REQUEST

UNITED STATES SENTENCING COMMISSION

 10.2
B. Other Adjustments FTEs Amount

10.17 5. General inflationanary adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 121

Subtotal, Adjustments to Base to Maintain Current Services . . . . . . . . . . . . . . . . . . . . . . - 717

Total Current Services Appropriation Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 19,265

Total, Fiscal Year 2020 Appropriation Required................................................... 95 19,265

 - 717

 95 19,265

Total Estimated Obligations, Fiscal Year 2020.......................................................... 95 19,265

Original Request

SUMMARY OF REQUEST

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

FISCAL YEAR 2020

(Dollar amounts in thousands)

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

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

 10.3
Salaries and Expenses, Total Obligations 18,562 20,217 19,265

Unobligated Balance, Start of Year -

 Judiciary Information Technology Fund (1,499) (1,669) -

 New Deposits (170) - -

Unobligated Balance, End of Year

 Judiciary Information Technology Fund 1,669 - -

Total Direct Obligations 18,562 18,548 19,265

Unobligated Balance, Expiring 137 - -

Appropriation Required (Direct) 18,699 18,548 19,265

11 Personnel compensation 10,043 11,400 11,675

12 Personnel benefits 3,355 3,936 4,325

21 Travel 412 335 343

22 Transportation of things 7 5 5

23 Rent, communications and utilities 29 29 27

24 Printing and reproduction 151 173 150

25 Other services 2,269 2,427 1,506

26 Supplies and materials 95 98 113

31 Equipment 2,031 1,814 1,121

91 JITF Deposit 170 0 0

Total Obligations1/ 18,562 20,217 19,265

1/ Includes JITF obligations of $1,669,000 in FY 2019.

Fiscal Year 2018 Assumed Fiscal Year 2020

Object Classification ($000)

Activity Actual Appropriations

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

Obligations by Activity ($000)

Request

Fiscal Year 2018 Assumed/Obligations Fiscal Year 2020

Description Actual Obligations Request

Fiscal Year 2019

Fiscal Year 2019

 10.4
Relation of Obligations to Outlays ($000)

Fiscal Year 2019

Fiscal Year 2018 Assumed Fiscal Year 2020 Difference

Actuals Obligations Request (+) or (-)

Total Obligations 18,562 20,217 19,265 (952)

Obligated balance, start of year 2,937 3,753 4,088 335

Adjustments in prior year activity (71) (77) (73) 4

Obligated balance, end of year (3,753) (4,088) (3,895) 193

Total Outlays 17,675 19,805 19,385 (420)

Less Judiciary Information 

Technology Fund Obligations 0 (1,669) 0 1,669

Net Outlays 17,675 18,136 19,385 1,249

Fiscal Year 2019

Fiscal Year 2018 Assumed Fiscal Year 2020 Difference

Actuals FTE Request (+) or (-)

Total compensable workyears:

 Full-time equivalent employment 93 95 95 0

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

Personnel Summary

10.5
10.6

GENERAL STATEMENT AND INFORMATION

The Sentencing Reform Act of 1984 Act created the United States Sentencing Commission (Commission) as an expert independent 

agency within the judicial branch, whose seven voting members, including the Chair, are nominated by the President and confirmed 

by the Senate. By statute, no more than four Commissioners can be from the same political party, and at least three must be federal 

judges, thereby ensuring a bipartisan Commission of diverse backgrounds.

The statutory duties of the United States Sentencing Commission include:

• promulgating federal sentencing guidelines to be considered by sentencing judges in all federal criminal cases;

• collecting, analyzing, and reporting sentencing data systematically to detect criminal trends, assess federal sentencing policies, 

and serve as a clearinghouse for federal sentencing statistics;

• conducting research on sentencing issues and serving as an information center for the collection, preparation, and 

dissemination of information on federal sentencing practices; and

• providing specialized training to judges, probation officers, staff attorneys, law clerks, prosecutors, defense attorneys, and 

other members of the federal criminal justice community on application of the federal sentencing guidelines and federal 

sentencing generally.

The Commission continues its core mission to promulgate new sentencing guidelines and guideline amendments in response to 

legislation, sentencing data, and feedback from sentencing courts, Congress, the Executive Branch, federal defenders, and others in the 

federal criminal justice community. In fiscal years (FYs) 2019 and 2020, the Commission will continue working to enhance the 

fairness and effectiveness of sentencing and improve recidivism outcomes, thereby saving federal resources and protecting public 

safety.

The Commission also will continue analyzing and disseminating sentencing information efficiently and in a timely manner in order to 

fulfill its statutory duties to monitor the operation of the sentencing guidelines, advise Congress, and act as a clearinghouse of 

information on federal sentencing. 
10.7

The demand for Commission work-products, information, and services continues to increase, as evidenced by the high volume of 

inquiries for data from the Chairmen and Ranking Members of the Judiciary Committees of the Senate and the House of 

Representatives as well as interested congressional offices. These requests only increased throughout FY 2018 and into FY 2019 as 

Congress considered bipartisan sentencing legislation. During FY 2020, the Commission will continue to prioritize responding to 

congressional requests with reliable and timely data.

In addition, consistent with the priorities of the Judicial Branch and in coordination with the Administrative Office of the United 

States Courts, the Commission is continually auditing and updating its cybersecurity measures and expects to continue investing

significantly in this area for the foreseeable future. 

The FY 2020 request for the Commission totals $19,265,000 to maintain current services and once again does not include any

program increases. The Commission strives to maximize available resources and appreciates the funding Congress has provided for 

the fulfillment of its statutory duties under the Sentencing Reform Act of 1984. 

ONGOING ACTIVITIES

Recent Amendments and Commission Priorities

In April 2018, the Commission adopted several amendments to the sentencing guidelines that became effective November 1, 2018. 

These amendments reflect a collaborative data-driven approach to federal sentencing policy. 

In response to the Bipartisan Budget Act of 2015, the Commission increased offense levels for certain social security fraud offenses. 

The Commission received valuable comments from the Senate Committee on Finance, the House of Representatives Ways and Means 

Committee, and the House of Representatives Judiciary Committee as well as the Social Security Administration. The Commission’s 

action establishes an enhancement and a minimum offense level for individuals who violate certain positions of trust (e.g., health care 

providers, claims representatives, and others). 

The Commission also approved a multi-part synthetic drugs amendment, drawing upon public comment, expert testimony, and data 

analysis gathered during a multi-year study of synthetic drugs. Before the Commission’s action, many new synthetic drugs were not 

referenced in the federal sentencing guidelines. As a result, federal courts faced expensive and resource-intensive hearings. The 
10.8

Commission’s actions reflect the evolving nature of these new drugs and will simplify and promote uniformity in sentencing these 

offenders. 

The synthetic drugs amendment includes a new guideline definition of the term “fentanyl analogue” that effectively raises the 

guideline penalties for fentanyl analogues to a level more consistent with the statutory penalty structure. To address the severe 

dangers posed by fentanyl, the Commissioners also adopted a four-level sentencing enhancement for knowingly misrepresenting or 

knowingly marketing fentanyl or fentanyl analogues as another substance (which equates to an approximate 50 percent increase in 

sentence). 

The amendment also established drug ratios and minimum offense levels for two new classes of synthetics drugs: synthetic cathinones 

(often referred to as “bath salts”) and synthetic cannabinoids (including, but not limited to, “K2” or “spice”). The Commission found 

that synthetic cathinones possess a common chemical structure that is sufficiently similar to treat as a single class of synthetic drugs. 

The Commission also found that, while synthetic cannabinoids differ in chemical structure, the drugs induce similar biological 

responses and share similar pharmacological effects. In setting the new drug ratios, the Commission considered among other factors, 

the severity of the medical harms to the user, the current ratios applied in similar cases, known trafficking behaviors, and concerns for 

public safety.

The Commission also added new commentary to the Guidelines Manual providing that judges should consider alternative sentencing 

options for “nonviolent first offenders” whose applicable guideline range falls within Zones A or B. Eligible defendants must not 

have any prior convictions and must not have used violence, credible threats of violence, or possessed a firearm or other dangerous 

weapon in the offense. This narrowly-tailored amendment is consistent with the statutory directive to the Commission in 28 U.S.C. § 

994(j). 

The Commission also addressed recommendations from its Tribal Issues Advisory Group regarding how tribal convictions are treated 

in Chapter Four of the Guidelines Manual and the definition of “court protection order” in the guidelines. 

The Commission continuously reviews Supreme Court jurisprudence that may directly or indirectly affect its priorities and workload. 

For example, the Commission previously undertook an accelerated review of the guideline definition of “crime of violence” after the 

Supreme Court’s decision in Johnson v. United States struck down as unconstitutionally vague the residual clause portion of the 

statutory definition of “violent felony” in the Armed Career Criminal Act. The Commission deleted the identical residual clause in the 
10.9

guideline definition of “crime of violence” and revised the list of enumerated offenses covered by the guideline definition. These 

changes were intended to simplify and reduce litigation over whether an offense qualifies as a crime of violence under the guidelines. 

Since then, discrete application issues have arisen regarding the revisions as well as broader concerns raised by the Department of 

Justice and others that the “categorical approach” that courts apply to the guidelines’ definition is overly complex and results in odd 

and disparate sentencing outcomes. In FY 2019, the Commission is considering ways to simplify this determination and ensure 

logical and more uniform sentencing outcomes. This ongoing effort is particularly important in light of the risk to public safety posed 

by violent recidivist offenders. 

One of the Commission’s top priorities in FYs 2019 and 2020 will be its continued examination of the overall structure and operation 

of the guidelines post-Booker, the Supreme Court’s decision in 2005 that rendered the sentencing guidelines advisory in nature. In FY

2018, the Commission reported on persistent demographic disparities in sentencing, and in FY 2019 the Commission will report on 

sentencing disparities within the same courthouses. In FYs 2019 and 2020, the Commission intends to study geographical disparities 

in sentencing, and assess the usage and influence of the guidelines over the last decade. 

Conducting Research

Research is a critical part of the Commission's mission. The Commission regularly analyzes data to monitor how courts are 

sentencing offenders and using the guidelines, and routinely uses these analyses when considering proposed changes to the guidelines. 

Many of its analyses are published by the Commission as a resource for policy-makers and the criminal justice community. 

In FY 2018 and 2019, the Commission continued to issue reports on the impact of statutory mandatory minimum penalties, an 

important issue to policy makers because more than one-fifth (21.8 percent) of all offenders in FY 2016 were convicted of an offense 

carrying a mandatory minimum penalty. Furthermore, more than half (55.7 percent) of inmates in custody of the Federal Bureau of 

Prisons as of September 30, 2016, were convicted of an offense carrying a mandatory minimum penalty. 

In FY 2017, the Commission released the first in its current series, Overview of Mandatory Minimum Penalties in the Federal 

Criminal Justice System, and released four additional reports in FY 2018: Mandatory Minimum Penalties for Drug Offenses in the 

Federal System, Mandatory Minimum Penalties for Firearms Offenses in the Federal System, Application and Impact of 21 U.S.C. 

§ 851: Enhanced Penalties for Federal Drug Trafficking Offenders, and Mandatory Minimum Penalties for Federal Identity Theft 

Offenders. In FY 2019, the Commission will release the sixth report in this series on the impact of mandatory minimum penalties on 
10.10

federal sex offenders. Each of these reports provides the prevalence of the mandatory minimum penalty studied, how often offenders 

receive statutory relief from the mandatory minimum penalty, the demographic breakdown of offenders affected, and the impact the 

mandatory minimum penalty has on sentences imposed and the population of the Federal Bureau of Prisons. The Commission 

believes these reports are a valuable source of data and information as Congress continues to assess the role of mandatory minimum 

penalties in the federal criminal justice system. 

The Commission also continues to focus its research on recidivism, drawing upon partnerships across the federal criminal justice 

system with the goal of improving recidivism outcomes and improving public safety. The Commission’s ongoing series examines 

25,431 U.S. citizen federal offenders who were released from prison or placed on probation in calendar year 2005 and studies their 

recidivism over an eight-year follow-up period. In FY 2017 and 2018, the Commission released three such reports: Recidivism 

Among Federal Drug Trafficking Offenders, The Past Predicts the Future: Criminal History and Recidivism of Federal Offenders, 

and The Effects of Aging on Recidivism Among Federal Offenders. In FY 2019, the Commission will release additional reports that 

examine the recidivism of violent federal offenders, federal firearms offenders, and study the impact of sentence length on recidivism 

outcomes. 

Resources permitting, the Commission plans to continue its recidivism research with an updated cohort of federal offenders released 

in calendar year 2010. This will enable the Commission to examine the impact, if any, on recidivism of both United States. v. Booker, 

and the recent implementation of new evidence-based practices in supervision by federal probation officers. 

The Commission believes its recidivism research can help inform Congress and others as they consider sentencing policy. For 

example, in FY 2018, the Commission released Recidivism Among Federal Offenders Receiving Retroactive Sentence Reductions: 

The 2011 Fair Sentencing Guideline Amendment. This report analyzes the recidivism rates of a group of crack cocaine offenders 

whose sentences were reduced pursuant to retroactive application of the guideline amendment implementing the Fair Sentencing Act 

of 2011, and compares their recidivism rate to a comparable group of offenders who would have been eligible to seek a reduced

sentence under that guideline amendment, but who were released before its effective date after serving their full sentence. The 

Commission found the recidivism rates of both groups were virtually identical, at 37.9 percent of offenders [recidivism means 

different things to different people I would explain in a few words how recidivism is used here– arrested for a new crime within 3 

years, 5 years, etc.]. 

As part of its statutory mission to avoid unwarranted sentencing disparities, a key component of the Commission’s research is to 

examine the demographic impact of sentencing. In FY 2018, the Commission published Demographic Differences in Sentencing: An 
10.11

Update to the 2012 Booker Report, the third analysis the Commission has published exploring the relationship between demographic 

factors, such as race and gender, and sentencing outcomes. Consistent with previous reports, sentence length continues to be 

associated with some demographic factors such as race, and the Commission will continue to explore research in this area.

The Commission plans to release several new research publications in FY 2019, among them an in-depth study of the various types of 

federal economic crimes and a report examining the impact of revocations of federal offenders’ terms of probation and supervised 

release on criminal history computations under the sentencing guidelines. 

Collecting, Analyzing, and Reporting Sentencing Data

Each year, the Commission collects and analyzes data regarding every felony and Class A misdemeanor offense sentenced during that 

year. Sentencing courts are statutorily required to submit five sentencing documents to the Commission within 30 days of entry of 

judgment in a criminal case: the charging document, the plea agreement, the presentence investigation report, the judgment and 

commitment order, and the statement of reasons form. The Commission analyzes these documents to report information of interest 

and importance to policy-makers and the federal criminal justice community. 

In FY 2018, the Commission received 320,000 documents for more than 69,000 original sentencings. Throughout FYs 2017 and 

2018, the Department of Justice has announced several enhanced enforcement initiatives in areas such as immigration, firearms, and 

violence offenses. As these initiatives result in increased prosecutions, the Commission expects its caseload will increase significantly 

in FYs 2019 and 2020 as those cases work through the federal criminal justice system and proceed to sentencing. 

To date, the Commission has been able to process its large caseload by continuously working to develop methods to extract 

automatically certain data and information from court documents. These efforts not only improve efficiency and reduce costs, but also 

expand the type of information the Commission can collect and analyze on a routine basis. 

A prime example of the Commission’s use of data extraction is its new initiative to collect information regarding the nature of 

offenders’ criminal history events. Previously, the Commission was able to collect only the number of criminal history points and 

Criminal History Category as determined under the guidelines in the offenders’ criminal histories. Due to ongoing technological 

investments, the Commission now can collect complete information on the number of convictions and types of offenses in the criminal 

histories of federal offenders. Using this new capability, in FY 2018, the Commission published The Criminal History of Federal 
10.12

Offenders, which for the first time analyzes the complete criminal history of 61,946 federal offenders sentenced in a fiscal year. The 

Commission plans to make its criminal history datasets for future fiscal years publicly available and believes they will prove to be a 

valuable resource for researchers and policy makers. 

The Commission also has utilized its new data extraction capability to collect and report, for the first time, complete information 

regarding the use of 21 U.S.C. § 851, which significantly increases penalties for certain recidivist drug offenders and has been the 

subject of significant recent congressional interest.

The Commission continues to focus on making its data and research more accessible and easily understood. The Commission’s 

annual Sourcebook of Federal Sentencing Statistics, available in print and online, provides comprehensive sentencing data for each 

fiscal year; and its web-based “Interactive Sourcebook of Federal Sentencing Statistics” (ISB) adds analyses not found elsewhere, 

including sentence length by the guideline the court used at sentencing, amount of loss in fraud cases, and age of offenders in drug 

cases for each major drug type. The ISB allows users to customize tables and figures, e.g., by circuit, district, or state. In FYs 2019 

and 2020, the Commission plans to update the Sourcebook and the ISB to improve and streamline their presentation.

In order to provide the timeliest information on national sentencing trends and practices, on its website the Commission posts key 

sentencing data on a quarterly basis and provides trend analyses of the changes in federal sentencing practices over time. 

As required by 28 U.S.C. § 994(g) and 18 U.S.C. § 4047, when the Commission considers sentencing guideline amendments, it 

estimates the impact of these amendments on the federal prison population. The Commission often is asked by congressional 

committees and the Congressional Budget Office to complete prison and sentencing impact assessments for proposed legislation, and 

these analyses are made available on its website when conducted. 

The Commission continuously updates and expands its Quick Facts series, which contains dozens of easy-to-read, two-page synopses 

designed to provide concise facts and data about a single area of federal crime. The series includes overviews of women offenders in 

the Federal Bureau of Prisons, offenders convicted of mandatory minimum penalties, career offenders, “white-collar” offenders, drug 

trafficking offenders by drug type, robbery offenders, and many more. 

The Commission also responds to numerous requests for data analyses from federal judges, including specific data requests relating to 

pending cases. The Commission's ability to provide these analyses on demand and with real-time data provides a unique and helpful 

resource to judges.
10.13

Congressional Data Inquiries and Briefings

Each year the Commission receives frequent inquiries from Congress to complete prison and sentencing impact assessments of 

proposed legislation using real-time sentencing data. These assessments are often complex, time-sensitive, and require highly 

specialized, scarce Commission resources. 

The Commission has experienced a surge in such inquiries, particularly from the Chairmen and Ranking Members of relevant 

Committees as well as interested congressional offices as Congress considered bipartisan criminal justice reform legislation. In FYs 

2018 and 2019, the Commission responded to dozens of time-sensitive data inquiries from the U.S. House and Senate Judiciary 

Committees.

The Commission also fills more general data requests from Congress on issues and provides circuit, district, and state-wide data 

analyses to House and Senate Judiciary Committee members and, on an as-requested basis, to other members of Congress. 

Commission staff routinely holds briefings for congressional staffers on Capitol Hill to present data and findings from the 

Commission’s recent reports. In addition, Commission staff provide basic sentencing guideline training to congressional offices at 

their request. The Commission stands ready in FY 2020 to continue offering individualized training opportunities to congressional 

staff upon request. 

Specialized Training

The Commission continues to fulfill its statutory duty to provide specialized seminars, workshops, and training programs for judges, 

probation officers, law clerks, prosecutors, and defense attorneys on application of the guidelines and federal sentencing generally. In 

FYs 2018 and 2019, Commissioners and staff conducted training programs in nearly all 94 federal districts, each program specifically 

tailored to the needs of the particular audience. 

The Commission also has initiated training exclusively for federal judges as they play a unique role in sentencing. Approximately 100 

judges attended the Commission’s 2018 annual judges’ seminar in San Francisco, California, and similar participation is expected at 

its 2019 seminar in Chicago, Illinois. The Commission intends to meet the unique training needs of judges on an annual basis.
10.14

Each year the Commission also holds a national training seminar for a broader array of members of the federal criminal justice system. 

More than 850 federal probation officers, prosecutors, defense attorneys, and judges attended its 2018 national training seminar in San 

Antonio, Texas, and the Commission is planning for even more participants to attend its 2019 annual seminar in New Orleans, 

Louisiana. 

The Commission increasingly is relying on distance and online learning in order to expand the reach of its training and contain costs. 

In FY 2018, the Commission conducted webinars and webcasts and added new on-line resources. For example, the Commission 

released a new remote learning course on sentencing illegal reentry offenders, who comprise about one-third of federal offenders. The 

Commission has added other online resources, such as podcasts on frequently recurring sentencing issues, a glossary of sentencingrelated terms, and case law summaries related to sentencing. On the first day alone, nearly 400 users reviewed this new content and 

engagement continues to expand as the podcast series continues to be updated in FYs 2019 and 2020. 

In FY 2018, the Commission released an updated version of its primer titled Federal Sentencing: The Basics, which provides judges 

and practitioners a general overview of the federal sentencing process. This publication also linked to an online, interactive course on 

the website.

In FY 2018, the Commission launched a quarterly newsletter as another means of providing sentencing training. The newsletter is 

available online and distributed electronically to interested constituents and contains guideline application pointers, case law updates, 

and answers to frequently asked questions. 

In addition to these newer resources, the Commission continues to staff a help line that responds to dozens of questions each day from 

judges, practitioners, and probation officers regarding proper guideline application. 

Public Interface

The Commission continues to expand and improve its public outreach efforts in a cost-efficient manner. The Commission’s 

redesigned website significantly modernized its aesthetic and improved its functionality. The redesigned site has proved to be a more 

robust resource for policy-makers and the federal courts. In FY 2018, the Commission’s website received over 1.3 million hits and 

averaged approximately 27,500 users each month. Over an 11-day rollout period, nearly 14,000 users accessed the Commission’s 

2018 Guideline Manual online.
10.15

The Commission also has undertaken several projects aimed at improving access to the Guidelines Manual, which is its core product. 

In FY 2018, the Commission launched a mobile application that enables users to conveniently access the Guidelines Manual on a 

smartphone at no cost. This new resource has been well received by practitioners and enhanced features will be added in FYs 2019 

and 2020. In FY 2019, the Commission will unveil a new interactive online Guidelines Manual that will provide the history of each 

guideline provision. This new resource will provide guideline users a more easily accessible and transparent understanding of the 

policy rationale and sentencing data underlying each guideline provision.

The Commission also continues to expand its social media presence. Using its social media account and a new cloud communications 

tool, the Commission provides frequent electronic updates to the interested public on its policy work and research publications.

During FYs 2019 and 2020, the Commission will continue to use these tools to disseminate information to a broad audience in a 

timely cost-efficient manner.

FISCAL YEAR 2019 APPROPRIATIONS ASSUMPTION

In the absence of enacted full year FY 2019 appropriations, the judiciary made assumptions to construct a FY 2020 budget request. 

The judiciary built the FY 2020 budget request for the United States Sentencing Commission assuming the FY 2019 House and Senate 

mark as an estimate for the final FY 2019 appropriations. This amount would fund the Center’s full FY 2019 requirements. 

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

Appropriations Act, 2019, updated with the assumed funding level as described above, as the closest approximation of eventual 

enacted FY 2019 appropriations language

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

Appropriations Committees any changes to FY 2020 appropriations requirements and language.
10.16

JUSTIFICATION OF CHANGES

The FY 2020 budget request of $19,265,000 represents an 

overall increase of $717,000, or 3.9 percent, over the FY 2019 

assumed appropriation of $18,548,000. The Commission’s 

request reflects an increase over FY 2019 to account for 

inflationary increases and adjustments for personnel costs to 

maintain current services. The Commission requests no 

program increases for FY 2020. 

Adjustments to maintain current services include funds for pay 

and benefits, cost increases for current staff, and adjustments 

for on-going activities, such as inflationary increases in 

contract rates and charges for services, supplies, equipment, 

and other Commission needs. 

ADJUSTMENTS TO BASE TO MAINTAIN CURRENT 

SERVICES

A. COMMISSION PERSONNEL

Pay and Benefit Adjustments

1. Annualization of assumed 2019 pay 

adjustment

Requested Increase: $72,000

The requested increase provides for the annualized costs of an 

assumed 2019 pay adjustment for Employment Cost Index 

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

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

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

requested increase provides for the cost of three months (from 

October 2019 to December 2019) of the assumed 2019 pay 

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

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

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

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

2. Promotions and within-grade increases

Requested Increase: $160,000

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

support personnel provides for periodic within-grade increases 

for staff who receive at least a satisfactory performance rating.

3. Benefits increases

a. Health benefits 

Requested Increase: $25,000

Based on information from the Office of Personnel 

Management, health benefit premium contributions are 

projected to increase by an average of 1.2 percent both in 

January 2019 and January 2020. The requested increase 
10.17

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

b. FICA adjustment 

Requested Increase: $23,000

Based on information from the Social Security Administration, 

employer contributions to the Old Age, Survivor, and 

Disability Insurance (OASDI) portion of the FICA tax will 

increase in 2019. The salary cap for OASDI increased from 

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

is needed to pay the agency contribution in FY 2020. 

c. FERS adjustment

Requested Increase: $256,000

Consistent with guidance from the Office of Management and 

Budget, funds are requested for an increase in the agency 

contribution rate to Federal Employee Retirement System 

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

contribution rate will increase from 13.7 percent to 16.0 

percent. Any FERS increase is in accordance with revised 

estimates of the cost of providing benefits by the Board of 

Actuaries of the Civil Service Retirement and Disability 

System. 

4. One more compensable day 

Requested Increase: $60,000

There is one more compensable day in FY 2020 than in FY

2019. The requested amount increases personnel compensation 

and benefits associated with one more compensable day for 

biweekly paid employees.

B. OTHER ADJUSTMENTS

General Inflationary Adjustments

5. Inflationary increases in charges for 

contracts, services, supplies, and equipment

Requested Increase: $121,000

Consistent with guidance from the Office of Management and 

Budget, this request of $121,000 is required to fund 

inflationary increases of 2.0 percent for operating expenses 

such as travel, communications, printing, contractual services, 

supplies and materials, and furniture and equipment.