Vol. 36, Number 10—October 2004

Lame Duck Session Planned for November

Continuing Resolution Funds Judiciary Until Then

As fiscal year 2004 ended, the House and Senate passed and the President signed a continuing resolution (CR) to keep the government running until November 20, 2004.

Representative C.W. (Bill) Young (R-FL), chair of the House Committee on Appropriations, introduced the CR, at the same time promising Congress would return from its October recess to finish delayed business.

"This [CR] will allow Congress to recess for a brief period of campaigning for the election which happens on November 2. But we will be back. We will be back the week of November 15 in order to conclude the balance of the appropriations bills," Young said.

The CR funds the Judiciary and other government operations at the fiscal year 2004 level, which is the equivalent of a hard freeze in funding.

The Judiciary has been clear on the impact a freeze will have on its operations. Earlier this month, the Chief Justice wrote to Congress and the President in support of a Judicial Conference resolution asking for an exemption from any long-term continuing resolution and, instead, full-year funding at least at the current services levels contained in the House bill. A long-term CR for FY 2005 at FY 2004 levels would be "devastating," the Chief Justice said in his letter, compromising the courts' ability to administer justice. The full letter is available on the Judiciary's website at www.uscourts.gov/letter.pdf.

The constrained FY 2004 appropriation under which the courts are currently operating already has resulted in significant staff reductions. In FY 2004, the combination of attrition, reductions in force, buyouts and early-outs have, in effect, lost the Judiciary over 950 employees. In addition, 509 employees were furloughed for a total of 676 days.

Last spring, Chief Judge John G. Heyburn II, chair of the Judicial Conference Budget Committee, testified before the House Appropriations Subcommittee on Commerce, Justice, State, the Judiciary and Related Agencies, stating, ". . . the federal Judiciary is at a crisis point. The courts' workload and the resources provided to handle that workload are headed in opposite directions."  This statement was based upon the funding levels provided the courts in FY 2004.

Unfortunately, the funding levels provided in both the House and Senate bills for FY 2005 will continue this trend of ever-growing workload and fewer resources to handle it. In July, the House approved a $4.2 billion funding level for the Judiciary's Salaries and Expenses account, a 5.6 percent increase over FY 2004, which is $143 million below the Judiciary's full request, well below the amount required to replace the employees lost in FY 2004, and inadequate to meet the growing workload. In September, the Senate Appropriations Committee reported out its version of the Judiciary's appropriations bill, funding the Judiciary's Salaries and Expenses account at $4.13 billion, which is in effect a 3 percent increase over FY 2004. At the Senate level, it is estimated that courts would have to reduce staffing by an additional 570 employees through another round of lay-offs, furloughs, buy-outs and early retirements.

The Judiciary needs at least a 5.6 percent increase in fiscal year 2005 just to stay even with the services it provided in 2004. 

The CR was necessary in the absence of enacted appropriations bills. Of the 13 appropriations bills, only the Defense Department appropriations bill had been signed into law, with the Military Construction, District of Columbia, and Homeland Security appropriations bills awaiting the President's signature.

According to Representative Young, between the October 8 recess and November 15, the appropriations committees in both Houses will work to conclude the work on an omnibus bill so the Members will have a chance to vote on it prior to sine die adjournment.

If it appears that a political impasse might cause Congress to defer action on the omnibus appropriations bill, and extend the CR to the 109th Congress, the Judiciary will mount an all-out effort to convince congressional leaders to agree to the Chief Justice's request for an exemption to the CR.