UNITED STATES SENTENCING COMMISSION

Salaries and Expenses

SUMMARY STATEMENT OF ACCOUNT REQUIREMENTS

Fiscal Year 2024 Assumed Appropriation $22,072,000

Fiscal Year 2025 Requested Appropriation $23,288,000

 Requested Increase from Fiscal Year 2024 Assumed Appropriation $1,216,000

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, [$22,072,000]$23,288,000 , of 

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

representation expenses. 

(H.R. 4664/S. 2309 - Financial Services and General Government Appropriations Act, 2024,

updated to reflect the judiciary's fiscal year 2024 assumed appropriation)

10.1
Fiscal Year 2025 Resource Requirements:

FTEs Amount

Fiscal Year 2024 Assumed Obligations.............................................................................. 96 23,741 

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

Fiscal Year 2024 Assumed Appropriation ........................................................................ 96 22,072 

Page No. Adjustments to Base to Maintain Current Services:

A. PERSONNEL

Pay and Benefit Adjustments

10.14 1. Proposed 2025 pay adjustment (2.0% for nine months)............................................................. - 315

10.14 2. Annualization of the 2024 pay adjustment (5.2% for three months).......................................... - 270

10.14 3. Promotions and within-grade increases...................................................................................... - 217

10.14 4. Benefits increases...................................................................................................................

a. Health benefits...................................................................................................................... - 172

b. FICA Adjustment - 22

SALARIES AND EXPENSES

FISCAL YEAR 2025

(Dollar amounts in thousands)

SUMMARY OF REQUEST

UNITED STATES SENTENCING COMMISSION

10.2
B. Other Adjustments FTEs Amount

10.15 5. Inflationary increases in charges for contracts, services, supplies, and equipment..................... - 220

Subtotal, Adjustments to Base to Maintain Current Services............................................................. - 1,216 

Total Current Services Appropriation Required.................................................................................. 96 23,288 

Total, Fiscal Year 2025 Appropriation Required............................................................... 96 23,288 

- 1,216 

Total Estimated Obligations, Fiscal Year 2025...................................................................... - 23,288 

General Inflationary Adjustments

 Total Appropriation Increase...................................................................................................

Original Request

SUMMARY OF REQUEST

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

FISCAL YEAR 2025

(Dollar amounts in thousands)

10.3
FY 2024

FY 2023 Assumed FY 2025

Actual Obligations Request

Total Obligations 21,567 23,741 23,288

Unobligated Balance, Start of Year:

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

Deposits and Other Adjustments:

Judiciary Information Technology Fund - - - 

Unobligated Balance, End of Year: 1,669

Judiciary Information Technology Fund - - 

Subtotal, Other Obligations - (1,669) - 

Direct Obligations 21,567 22,072 23,288

Unobligated Balance, End of Year 74 - - 

Less Offsetting Collections - - - 

Appropriation Total 21,641 22,072 23,288

FY 2024

FY 2023 Assumed FY 2025

Actual Obligations Request

11 Personnel compensation 12,233 12,773 13,041

12 Personnel benefits 4,595 4,762 4,890

21 Travel 432 356 375

22 Transportation of things 5 7 7

23 Rent, communications and utilities 27 27 27

24 Printing and reproduction 157 130 130

25 Other services 1,789 2,089 1,863

26 Supplies and materials 136 153 161

31 Equipment 2,193 1,775 2,794

Direct Obligations 21,567 22,072 23,288

Other Obligations (JITF Obligations) - 1,669 - 

Total Obligations 21,567 23,741 23,288

Description

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

Activity

Obligations by Budget Object Class ($000)

Obligations by Activity ($000)

10.4
FY 2024

FY 2023 Assumed FY 2025 Difference

Actual Obligations Request (+) or (-)

Direct obligations incurred 21,567 22,072 23,288 1,216

Obligated balance, start of year 3,179 3,173 3,167 (6)

Adjustments of prior year activity (915) (336) (355) (19)

Obligated balance, end of year (3,173) (3,167) (3,161) 6

Total Outlays 20,658 21,742 22,939 1,197 

Less Offsets 0 0 0 0

Net Outlays 20,658 21,742 22,939 1,197 

FY 2023 FY 2024 FY 2025 Difference

Actual Assumed Request (+) or (-)

Total compensable workyears:

Full-time equivalent employment 89 96 96 0

Personnel Summary

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

Relation of Obligations to Outlays ($000)

10.5
GENERAL STATEMENT AND INFORMATION

The Sentencing Reform Act of 1984 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, ensuring a bipartisan Commission of diverse backgrounds. 

The statutory duties of the Commission include: 

• promulgating federal sentencing guidelines that judges must calculate and consider in all federal criminal cases;

• collecting, analyzing, and reporting sentencing data to detect trends, assess federal sentencing policies, and serve generally as a

clearinghouse for federal sentencing statistics;

• conducting research 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 and other court personnel, prosecutors and defense attorneys, and

others concerning the federal sentencing guidelines and federal sentencing generally.

On August 4, 2022, the Senate confirmed a full slate of seven new commissioners – Judge Carlton W. Reeves (Chair), Judge Luis 

Felipe Restrepo (Vice Chair), Laura Mate (Vice Chair), Claire Murray (Vice Chair), Judge Claria Horn Boom, former Judge John 

Gleeson, and Candice C. Wong. Their confirmation marked the first time since 2018 that the Commission had a voting quorum. 

Despite having been confirmed four months into the guideline amendment cycle, the new Commission quickly addressed the backlog 

of work that had amassed during the previous four years. Working under an abbreviated schedule, the Commission held six public 

meetings, considered thousands of public comments, and weighed volumes of sentencing data, culminating in the Commission 

submitting 11 guideline amendments to Congress on May 1, 2023, which became effective on November 1, 2023. 

10.6
The Commission prioritized implementation of legislation, chief among them the First Step Act of 2018 (Pub. L. No. 115-391), which 

expanded the availability of reductions in sentence under 18 U.S.C. § 3582(c)(1) and relief from drug mandatory minimum penalties

under 18 U.S.C. § 3553(f), and the Bipartisan Safer Communities Act (Pub. L. No. 117-159), which increased penalties for certain 

firearms offenders, including straw purchasers. The Commission implemented more than a dozen pieces of crime legislation that

created new offenses, modified penalties, and included congressional directives. 

The work of the full Commission fueled public interest in federal sentencing to historic highs. In FY 2023, the Commission launched 

a new, easy to use, public comment portal which facilitated the receipt of more than 8,000 public comments from Congress, judges, 

prosecutors and defense attorneys, advocacy groups, victims, currently and formerly incarcerated individuals and their families, and 

others -- more than the last several years combined. The Commission’s website received more than two million hits, an increase of 

approximately one-third in one year. Judiciary Sentencing INformation (JSIN), an online tool launched in FY 2022 that provides 

granular sentencing data, is now accessed by approximately 4,500 judges, prosecutors, defense attorneys, and others each month. 

Strategic investment in technology, automation, and cybersecurity enables the Commission to meet the increasing demand for its work 

product efficiently and securely. The Commission continually audits and updates its cybersecurity measures and must continue these 

investments to remain current, secure, and responsive to unexpected or changing circumstances. 

The Commission’s FY 2025 budget request is $23,288,000 to maintain current services. The Commission is not requesting any 

program increases. 

ONGOING ACTIVITIES

Policy Priorities

By statute, the Commission must submit guideline amendments to Congress for review no later than May 1 of each year. In its initial 

abbreviated amendment cycle, the Commission focused on sentencing legislation enacted during the four years it lacked a voting 

quorum. 

10.7
The first priority was implementation of the First Step Act of 2018 (the “FSA”). This landmark legislation expanded the availability 

and use of reductions in terms of imprisonment motions under 18 U.S.C. § 3582(c)(1)(A) (referred to in shorthand as “compassionate 

release” but courts may also reduce or modify terms of imprisonment under the statute) by authorizing defendants for the first time to 

file motions on their own. Most courts of appeal then held that the Commission’s compassionate release policy statement, §1B1.13, 

did not apply to motions filed by the defendant. In the absence of a governing policy statement, various courts of appeal reached 

differing conclusions as to what could constitute an “extraordinary and compelling” circumstance, and district courts granted such 

motions at vastly differing rates across the nation. 

In response, the Commission amended §1B1.13 to reflect that defendants are authorized to file such motions. The amendment also 

expanded the list of extraordinary and compelling reasons for compassionate release to better account for the plain language of section 

3582(c)(1)(A) and its legislative history, to reflect the reasons relied upon by many courts after passage of the FSA, and to account for 

recent lessons learned during the COVID-19 pandemic. 

The FSA also expanded eligibility for the statutory safety valve, which provides relief from specified drug offenses carrying 

mandatory minimum penalties, to include certain individuals with more than one criminal history point. The Commission amended

§5C1.2 (Limitation on Applicability of Statutory Minimum Sentences) to reflect the broader class of eligible individuals.

The Commission also prioritized implementation of the 2022 Bipartisan Safer Communities Act (the “BCSA”). The BCSA created 

two new offenses at 18 U.S.C. §§ 932 and 933 further proscribing straw purchasing and trafficking of firearms, increased the statutory 

maximum penalties for certain firearms offenses, and included a corresponding directive to the Commission requiring consideration of 

several aggravating and mitigating factors. The Commission passed a multipart amendment that expands an existing enhancement, 

adds two new enhancements covering knowing participation in a criminal organization and “ghost guns,” and provides a new decrease 

for less culpable straw purchasers. 

The Commission also responded to a request from the Drug Enforcement Administration (DEA) regarding fentanyl and “fake pills,” 

illicitly manufactured pills represented as legitimate pharmaceutical pills. According to the DEA, in FY 2022, over 50 million “fake 

pills” were seized, 70 percent of which contained fentanyl. The Commission added a new 2-level enhancement targeting individuals 

who act with willful blindness that the substance the individual misrepresented as legitimate contains fentanyl or fentanyl analogue. 

10.8
The Commission made significant changes in how the guidelines account for criminal history. Because new data suggested status 

points improve the predictive value of the criminal history score less than previously believed, the Commission amended the 

guidelines to target “status points” to individuals with seven or more criminal history points and decreasing their impact by one point. 

Second, informed by studies showing that individuals with zero criminal history points are significantly less likely to be rearrested 

than those with even one point, the Commission created a new guideline, §4C1.1 (Adjustment for Certain Zero-Point Offenders) that 

provides a targeted 2-level decrease for individuals with zero criminal history points whose instant offense did not involve specified 

aggravating factors. The Commission also expanded the availability of alternatives to imprisonment and added a departure provision 

regarding prior simple possession of marijuana offenses in light of the shifting legal landscape in many states. 

Because the criminal history amendment reduced the guideline range for a certain category of offenders, the Commission was required 

by 28 U.S.C. § 994(u) to consider whether it should apply retroactively to currently incarcerated individuals. After considering expert 

testimony and public comment, the Commission voted to make these reductions retroactive, but courts can grant retroactivity only 

after considering all the factors at 18 U.S.C. § 3553(a), in particular public safety. The Commission delayed implementation of 

retroactivity until February 1, 2024, to provide all parties adequate time to carefully review petitions and prepare those who are 

granted reduced sentences for successful reentry. The Commission estimates that 11,495 incarcerated individuals with status points 

and 7,272 with zero criminal history points are eligible for retroactivity, resulting in significant prison cost savings over time. 

In its ongoing commitment to transparency and accessibility of its work, all the amendments are summarized in an easy to understand 

“Amendments in Brief” series the Commission launched on its website in FY 2023. 

Among its published policy priorities for the amendment cycle ending May 1, 2023, the Commission is examining the degree to which 

certain practices of the Federal Bureau of Prisons are effective in meeting the purposes of sentencing. The Commission is also 

considering whether courts should continue to be permitted to consider acquitted conduct at sentencing. In the Supreme Court’s 

recent denial of a writ of certiorari, McClinton v. United States, 23 F.4th 732 (7th Cir. 2022), cert. denied, 143 S. Ct. 4300 (2023), 

three Justices urged the Commission to take the lead in addressing acquitted conduct before it considers the question. 

The Commission also continues to prioritize promoting alternatives to incarceration and recently launched an “Alternatives to 

Incarceration” (ATI) resource page on its website. This webpage includes information on the Commissions’ related work and 

publications as well as an interactive map for users to explore ATI programs in various federal districts. The Commission is also 

10.9
reviewing how youthful, sentenced individuals are treated under the guidelines, examining the definition of “crimes of violence” in the 

guidelines to reduce litigation and avoid odd results, and considering the enforceability of guideline commentary in light of evolving 

appellate and Supreme Court caselaw on administrative rulemaking. In addition, the Commission continues to work on a long-term 

goal of simplifying the guidelines to more fully reflect their advisory nature. 

Conducting Research

Research is a critical part of the Commission’s mission and provides a valuable resource to policy makers and the Commission’s 

stakeholders. The Commission regularly analyzes data to monitor how courts sentence individuals and use the guidelines, and 

routinely uses these analyses to inform its policy making. The Commission publishes many of its analyses as a resource for Congress, 

the executive branch, and the criminal justice community. 

The Commission recently released three research projects of interest, including Weighing the Impact of Simple Possession of 

Marijuana: Trends and Sentencing in the Federal System (January 2023) and Federal Escape Offenses (September 2023). Of note, in 

November 2023, the Commission released “Demographic Differences in Federal Sentencing” which updates its previous work on this 

important topic. The report provides judges, policy makers, and practitioners the most up-to-date information on the extent to which 

federal sentencing differences are associated with demographic characteristics, using an updated methodology and the most current 

data. 

In FY 2022, more than one-third of the federal caseload were drug offenses, and the predominate drug type by far continues to be 

methamphetamine (nearly one-half of all drug offenses). In FY 2024, the Commission plans to publish a comprehensive report 

examining methamphetamine drug offenses, including trafficking patterns, purity, offender functions, and sentencing practices. 

The Commission plans to release a publication studying the relationship between level of education and involvement in the federal 

criminal justice system. The Commission also is exploring ways to study and quantify the so-called “trial penalty,” the generally 

longer prison terms associated with going to trial instead of accepting a plea bargain. 

10.10
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, plea agreement (where one exists), Presentence Report, Judgment and 

Commitment Order, and Statement of Reasons form. The Commission analyzes these documents to report information of interest and 

importance to policymakers and the federal criminal justice community.

In FY 2023, the Commission reviewed approximately 300,000 court documents. These documents reported on more than 63,500 

original sentencings and 2,400 resentencings or other sentencing modifications, as well as 2,800 motions for a sentence reduction that 

were denied. 

The Commission processes this large volume of sentencing documents by continuously investing in means to automatically extract as 

much data and information as possible. These efforts improve the efficiency and accuracy of its data collection and expand the type of 

information the Commission can routinely collect and analyze. For example, the Commission can now analyze and report data 

regarding the nature of more than 300,000 criminal history events each year because of technology investments. This data is valuable 

to researchers and policymakers and has been used by the Commission to respond to numerous congressional inquiries. 

Each year the Commission compiles its annual sentencing dataset into one comprehensive publication. In March 2023, the 

Commission released the 2022 Annual Report and Sourcebook of Federal Sentencing Statistics. The Sourcebook provides detailed 

analyses of the 64,142 individuals sentenced in FY 2022. 

In June 2020, the Commission launched the Interactive Data Analyzer (IDA). With IDA, Congress, judges, litigants, the media, and 

the general public can easily and independently analyze federal sentencing data by district, circuit, or state and can refine their inquiry 

to a specific crime type. This interactive tool uses the most current data visualization techniques and enables the Commission to easily 

add features.

In September 2021, the Commission released a new tool titled Judiciary Sentencing INformation (JSIN). The platform provides quick 

and easy online access to sentencing data for similarly situated defendants, including the types of sentences imposed and average and 

10.11
median sentences of imprisonment. Since its launch, JSIN has been accessed over 53,000 times by approximately 17,300 users and 

now averages 4,500 sessions per month. 

Congressional Data Inquiries and Briefings

Each year, the Commission receives frequent requests 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 the 

Commission’s highly specialized resources. Members of Congress and their staff have found the Commission’s data highly valuable 

to the legislative process. 

The Commission also provides circuit, district, and state-wide data analyses to the House and Senate Judiciary Committees and on an 

as-requested basis, to other members of Congress. Additionally, the Commission provides frequent briefings to Members of Congress 

and their staff on the Commission’s work and data reports. 

Specialized Training

The Commission continues 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 FY 2023, the 

Commission trained individuals from all 94 federal districts.

The Commission’s ongoing investments in eLearning, remote training platforms, and other online resources continue to provide 

effective and efficient training. In FY 2023, the Commission conducted 33 virtual training sessions attended by more than 5,500 

individuals. The Commission’s recorded courses were accessed over 1,200 times, and its eLearning courses were accessed more than 

3,000 times. 

In FY 2023, the Commission conducted 58 in-person training programs attended by more than 3,500 individuals. For the first time 

since the pandemic, the Commission held its Annual National Seminar, with almost 1,000 judges, probation officers, defense 

attorneys, and prosecutors participating, and its annual Judges’ Seminar was attended by more than 80 judges from twelve circuits. 

10.12
In addition to leading several panels at the above-mentioned programs and seminars, Commissioners themselves provided training and 

interacted with judges and practitioners by visiting nearly every circuit conference, participating in various bench and bar conferences, 

as well as programs sponsored by the Federal Judicial Center and other public and private organizations. 

In FY 2023, the Commission answered over 2,800 HelpLine inquiries from judges, practitioners, and probation officers regarding 

proper guideline application. The HelpLine is accessible by phone and online. 

Public Interface

The Commission continues to expand its public outreach. In FY 2023, the Commission’s website received over two million hits and 

averaged 53,900 users per month. These numbers reflect an increase in users (32%) from the previous year, and an increase in

sessions (33%) for the fifth consecutive year. The Commission also leverages social media and cloud-based tools to disseminate

information and updates broadly and efficiently to the public. 

FISCAL YEAR 2024 APPROPRIATIONS

The Judiciary built the FY 2025 discretionary budget request for the United States Sentencing Commission on the FY 2024 assumed

appropriation of $22,072,000, which is the midpoint between the FY 2024 House and Senate marks. The amount requested in FY 

2025, $23,288,000, maintains current services. For bill language, the judiciary used the language from H.R. 4664 and S. 2309 - 

Financial Services and General Government Appropriations Bills, 2024, as the closet approximation of the eventual enacted FY 2024 

appropriation language, updated with the assumed level as described above. 

10.13
ADJUSTMENTS TO BASE TO MAINTAIN CURRENT 

SERVICES

A. PERSONNEL

Pay and Benefit Adjustments

1. Proposed 2025 pay adjustment

Requested Increase: $315,000

The judiciary is assuming federal pay rates will increase by 2.0 

percent in January 2025. The requested increase provides for 

the cost of nine months of the anticipated pay raise in FY 2025, 

from January 2025 to September 2025. (If the pay adjustment 

included in the President’s FY 2025 budget request is different 

from this 2.0 percent, the judiciary will revise this line item in 

its FY 2025 budget re-estimate.)

2. Annualization of 2024 pay adjustment

Requested Increase: $270,000

The requested increase provides for the annualized costs of a 

2024 pay adjustment for Employment Cost Index (ECI) and 

locality pay. As a result of an ECI and locality adjustment, 

federal pay rates increased by an average of 5.2 percent,

effective as of January 2024. The requested increase provides 

for the cost of three months (from October 2024 to December 

2024) of the 2024 pay increase in FY 2025. 

3. Promotions and within-grade increases

Requested Increase: $217,000 

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.

4. Benefits increases

a. Health benefits

Requested Increase: $172,000 

Based on information from the Office of Personnel 

Management, health benefit premium contributions are 

projected to increase by an average of 5.0 percent in January

2024 and January 2025. The requested increase annualizes the 

2024 premium increase and includes a nine-month provision 

for the increase anticipated for FY 2025. 

b. FICA adjustment

Requested Increase: $22,000 

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 2024. The salary cap for OASDI increased from

$160,200 to $168,600 in January 2024. The requested amount 

is needed to pay the Commission’s contribution in FY 2025. 

10.14
B. OTHER ADJUSTMENTS

General Inflationary Adjustments

5. Inflationary increases in charges for contracts, services,

supplies, and equipment

Requested Increase: $220,000

Consistent with guidance from the Office of Management and 

Budget, this requested increase is required to fund inflationary 

adjustments of 2.2 percent for operating expenses such as 

travel, communications, printing, contractual services, supplies 

and materials, and furniture and equipment. 

FINANCING THE FISCAL YEAR 2025 REQUEST

Utilization of the Judiciary Information Technology Fund 

Estimated Obligations: $1,669,000 

At the beginning of FY 2024, $1,669,000 was available in 

carryforward balances from the Judiciary Information 

Technology Fund. Of this amount, the Commission is planning 

to use the entire $1,669,000 during FY 2024 to support 

continued efforts in cybersecurity and other projects. 

Key cybersecurity initiatives include strengthening security 

processes and protocols, leveraging recent developments in 

encryption technology, and auditing authorized users to avoid 

data compromises. Additional work in automation includes 

database enhancements and maintenance, data extraction, data 

warehousing and other efforts to enhance the security of the 

Commission’s internal systems. The planned introduction of 

the probation and pretrial services case management system 

(PACTS) in the federal courts will also require significant 

resources to interface with the Commission’s data collection 

systems.

10.15