August 2008

Senate Appropriations Committee Takes Action

The Senate Appropriations Committee approved its version of the Judiciary’s fiscal year 2009 appropriations bill in July, providing $6.52 billion for the Judiciary, a 4.3 percent increase over FY 2008, slightly below what the House Appropriations Committee provided the Judiciary when it acted in June.

Although both House and Senate Appropriations Committees have approved their versions of the FY 2009 Financial Services and General Government appropriations bill, the bills are not expected to reach the full House or Senate for a vote this year. Instead, it is highly likely the majority of spending bills will be carried over for action into the new Congress with a new Administration after January 2009. Until then, the federal government would operate under a Continuing Resolution.

“The prospect of operating under a CR should not stop courts from hiring staff this fiscal year as workload needs necessitate and current funding allocations allow,” Administrative Office Director James C. Duff urged judges and court unit executives. “The House and Senate levels would fund each Judiciary account at current services or better, and we remain optimistic there will be sufficient funds under a CR to maintain any new staff hired in FY 2008.”

Both House and Senate Appropriations Committees gave the Judiciary’s Salaries and Expenses account a 4.6 percent increase. This account funds rent, judges and court personnel salaries and benefits, court operating expenses, information technology, and other expenses. In the Senate bill, the Defender Services account received $854 million, $9 million below the House level, with a $2 per hour increase in the non-capital panel attorney rate from $100 to $102. The House approved a $10 per hour increase. The capital panel attorney rate, approved by both House and Senate Appropriations Committees, would increase to $174 per hour. The Senate bill would give the Court Security Account $428 million, $2 million below the House level.

The Senate bill includes funding for the General Services Administration, and would cover cost overruns for the San Diego courthouse project due to the tight construction and unprecedented increases in building materials costs.