§ 461. — Adjustments in certain salaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC461]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
Sec. 461. Adjustments in certain salaries
(a)(1) Subject to paragraph (2), effective at the beginning of the
first applicable pay period commencing on or after the first day of the
month in which an adjustment takes effect under section 5303 of title 5
in the rates of pay under the General Schedule (except as provided in
subsection (b)), each salary rate which is subject to adjustment under
this section shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to the next
higher multiple of $100) equal to the percentage of such salary rate
which corresponds to the most recent percentage change in the ECI
(relative to the date described in the next sentence), as determined
under section 704(a)(1) of the Ethics Reform Act of 1989. The
appropriate date under this sentence is the first day of the fiscal year
in which such adjustment in the rates of pay under the General Schedule
takes effect.
(2) In no event shall the percentage adjustment taking effect under
paragraph (1) in any calendar year (before rounding), in any salary
rate, exceed the percentage adjustment taking effect in such calendar
year under section 5303 of title 5 in the rates of pay under the General
Schedule.
(b) Subsection (a) shall not apply to the extent it would reduce the
salary of any individual whose compensation may not, under section 1 of
article III of the Constitution of the United States, be diminished
during such individual's continuance in office.
(Added Pub. L. 94-82, title II, Sec. 205(a)(1), Aug. 9, 1975, 89 Stat.
422; amended Pub. L. 101-194, title VII, Sec. 704(a)(2)(A), Nov. 30,
1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 [title I,
Sec. 101(b)(4)(J)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 103-356,
title I, Sec. 101(4), Oct. 13, 1994, 108 Stat. 3411.)
References in Text
The General Schedule, referred to in subsec. (a), is set out under
section 5332 of Title 5, Government Organization and Employees.
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in
subsec. (a)(1), is section 704(a)(1) of Pub. L. 101-194, which is set
out as a note under section 5318 of Title 5.
Amendments
1994--Subsec. (a). Pub. L. 103-356 designated existing provisions as
par. (1), substituted ``Subject to paragraph (2), effective'' for
``Effective'', and added par. (2).
1990--Subsec. (a). Pub. L. 101-509 substituted ``5303'' for
``5305''.
1989--Subsec. (a). Pub. L. 101-194 substituted ``corresponds to the
most recent percentage change in the ECI (relative to the date described
in the next sentence), as determined under section 704(a)(1) of the
Ethics Reform Act of 1989. The appropriate date under this sentence is
the first day of the fiscal year in which such adjustment in the rates
of pay under the General Schedule takes effect'' for ``corresponds to
the overall average percentage (as set forth in the report transmitted
to the Congress under such section 5305) of the adjustments in the rates
of pay under such Schedule.''
Effective Date of 1994 Amendment
Section 101 of Pub. L. 101-356 provided that the amendment made by
that section is effective as of Dec. 31, 1994.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-509 effective on such date as the President
shall determine, but not earlier than 90 days, and not later than 180
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub.
L. 101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title
5, Government Organization and Employees.
Salary Adjustments
Pub. L. 107-77, title III, Sec. 305, Nov. 28, 2001, 115 Stat. 783,
provided in part that: ``Pursuant to section 140 of Public Law 97-92
[set out below], Justices and judges of the United States are authorized
during fiscal year 2002, to receive a salary adjustment in accordance
with 28 U.S.C. 461''.
Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 309], Dec. 21, 2000,
114 Stat. 2762, 2762A-89, provided that: ``Pursuant to section 140 of
Public Law 97-92 [set out below], Justices and judges of the United
States are authorized during fiscal year 2001, to receive a salary
adjustment in accordance with 28 U.S.C. 461, only if for the purposes of
each provision of law amended by section 704(a)(2) of the Ethics Reform
Act of 1989 [Pub. L. 101-194] (5 U.S.C. 5318 note), adjustments under
section 5303 of title 5, United States Code, shall take effect in fiscal
year 2001''.
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III, Sec. 304], Nov.
29, 1999, 113 Stat. 1535, 1501A-36, provided in part that: ``Pursuant to
section 140 of Public Law 97-92 [set out below], Justices and judges of
the United States are authorized during fiscal year 2000, to receive a
salary adjustment in accordance with 28 U.S.C. 461''.
Pub. L. 105-119, title III, Sec. 306, Nov. 26, 1997, 111 Stat. 2493,
provided in part that: ``Pursuant to section 140 of Public Law 97-92
[set out below], justices and judges of the United States are authorized
during fiscal year 1998, to receive a salary adjustment in accordance
with 28 U.S.C. 461''.
Pub. L. 102-395, title III, Sec. 304, Oct. 6, 1992, 106 Stat. 1859,
provided that: ``Pursuant to section 140 of Public Law 97-92 [set out
below], Justices and judges of the United States are authorized during
fiscal year 1993, to receive a salary adjustment in accordance with 28
U.S.C. 461.''
Pub. L. 102-140, title III, Sec. 305, Oct. 28, 1991, 105 Stat. 810,
provided that: ``Pursuant to section 140 of Public Law 97-92 [set out
below], Justices and judges of the United States are authorized during
fiscal year 1992, to receive a salary adjustment in accordance with 28
U.S.C. 461.''
Pub. L. 101-520, title III, Sec. 321, Nov. 5, 1990, 104 Stat. 2285,
provided that: ``Pursuant to section 140 of Public Law 97-92 [set out
below], Justices and judges of the United States are authorized during
calendar year 1991 to receive a salary adjustment in accordance with 28
U.S.C. section 461.''
Pub. L. 101-194, title VII, Sec. 703(a)(3), Nov. 30, 1989, 103 Stat.
1768, set out as a note under section 5318 of Title 5, Government
Organization and Employees, provided that effective the first day of the
first applicable pay period that begins on or after January 1, 1991, the
rate of basic pay for the Chief Justice of the United States, an
associate justice of the Supreme Court of the United States, a judge of
a United States circuit court, a judge of a district court of the United
States, and a judge of the United States Court of International Trade
shall be increased in the amount of 25 percent of their respective rates
(as last in effect before the increase), rounded to the nearest multiple
of $100 (or, if midway between multiples of $100, to the next higher
multiple of $100).
For purposes of section 140 of Pub. L. 97-92 (set out below),
appropriate salary increases were authorized for Federal judges and
Justices of the Supreme Court pursuant to section 702(a) of Pub. L. 101-
194 which provided that effective for pay periods beginning on or after
Nov. 30, 1989, the rate of basic pay for any office or position in the
judicial branch of the Government shall be determined as if section
620(b) of Pub. L. 100-440 (5 U.S.C. 5303 note) and section 619(b) of
Pub. L. 101-136 (5 U.S.C. 5303 note) had never been enacted, see section
702 of Pub. L. 101-194, set out as a note under section 5303 of Title 5.
Pub. L. 100-202, Sec. 101(a) [title IV, Sec. 406], Dec. 22, 1987,
101 Stat. 1329, 1329-26, provided that: ``Pursuant to section 140 of
Public Law 97-92 [set out below], during fiscal year 1988, justices and
judges of the United States shall receive the same percentage increase
in salary accorded to employees paid under the General Schedule
(pursuant to 5 U.S.C. 5305).''
Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 406], Oct. 18, 1986, 100
Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec. 101(b) [title IV,
Sec. 406], Oct. 30, 1986, 100 Stat. 3341-39, 3341-64, provided that:
``Pursuant to section 140 of Public Law 97-92 [set out below], during
fiscal year 1987, justices and judges of the United States shall receive
the same percentage increase in salary accorded to employees paid under
the General Schedule (pursuant to 5 U.S.C. 5305).''
Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 310,
provided in part that: ``Effective on the first day of the first
applicable pay period commencing on or after January 1, 1985, each rate
of pay subject to adjustment by section 461 of title 28, United States
Code, shall be increased by an amount, rounded to the nearest multiple
of $100 (or if midway between multiples of $100, to the next higher
multiple of $100), equal to the overall percentage of the adjustment
taking effect under section 5305 of title 5, United States Code, in the
rates of pay under the General Schedule during fiscal year 1985.''
Pub. L. 98-369, div. B, title II, Sec. 2207, July 18, 1984, 98 Stat.
1060, provided that: ``Effective on the first day of the first
applicable pay period commencing on or after January 1, 1984, each rate
of pay subject to adjustment by section 461 of title 28, United States
Code, shall be increased by an amount, rounded to the nearest multiple
of $100 (or if midway between multiples of $100, to the next higher
multiple of $100), equal to the overall percentage of the adjustment
taking effect under section 5305 of title 5, United States Code, in the
rates of pay under the General Schedule during fiscal year 1984.''
Specific Congressional Authorization Required for Salary Increases for
Federal Judges and Justices of the Supreme Court
Pub. L. 97-92, Sec. 140, Dec. 15, 1981, 95 Stat. 1200, as amended by
Pub. L. 107-77, title VI, Sec. 625, Nov. 28, 2001, 115 Stat. 803,
provided that: ``Notwithstanding any other provision of law or of this
joint resolution [Pub. L. 97-92], none of the funds appropriated by this
joint resolution or by any other Act shall be obligated or expended to
increase, after the date of enactment of this joint resolution [Dec. 15,
1981], any salary of any Federal judge or Justice of the Supreme Court,
except as may be specifically authorized by Act of Congress hereafter
enacted: Provided, That nothing in this limitation shall be construed to
reduce any salary which may be in effect at the time of enactment of
this joint resolution nor shall this limitation be construed in any
manner to reduce the salary of any Federal judge or of any Justice of
the Supreme Court. This section shall apply to fiscal year 1981 and each
fiscal year thereafter.''
Salary Rate Limitations On Use of Funds
1982--Limitations on use of funds for fiscal year ending Sept. 30,
1983, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal to or
above level V of the Executive Schedule, see section 101(e) of Pub. L.
97-276, as amended, set out as a note under section 5318 of Title 5,
Government Organization and Employees.
1981--Limitations on use of funds for fiscal year ending Sept. 30,
1982, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal to or
above level V of the Executive Schedule, see sections 101(g) and 141 of
Pub. L. 97-92, set out as a note under section 5318 of Title 5.
1980--Limitations on use of funds for fiscal year ending Sept. 30,
1981, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal to or
above level V of the Executive Schedule, see section 101(c) of Pub. L.
96-536, as amended, set out as a note under section 5318 of Title 5.
1979--Applicability to funds appropriated by any Act for fiscal year
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on
use of funds to pay the salary or pay of any individual in legislative,
executive, or judicial branch in position equal to or above level V of
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a
note under section 5318 of Title 5.
1978--Limitations on use of funds for fiscal year ending Sept. 30,
1979, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal or above
level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and
section 613 of Pub. L. 95-429, set out as a note under section 5318 of
Title 5.
1977 Comparability Adjustment Not Effective for Justices, Judges,
Commissioners, and Referees
Pub. L. 95-66, Sec. 1(3), July 11, 1977, 91 Stat. 270, set out as a
note under section 5318 of Title 5, Government Organization and
Employees, provided that the first adjustment which, but for the
enactment of Pub. L. 95-66, would have been made in the salary and rate
of pay of justices, judges, commissioners, and referees under this
section after July 11, 1977, would not take effect.
Section Referred to in Other Sections
This section is referred to in sections 5, 44, 135, 213, 252, 371,
792 of this title.
