Order Code RL33245
Legislative, Executive, and Judicial Officials:
Process for Adjusting Pay and Current Salaries
Updated November 14, 2007
Barbara L. Schwemle
Analyst in American National Government
Government and Finance Division

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Legislative, Executive, and Judicial Officials: Process
for Adjusting Pay and Current Salaries
Summary
Leaders and Members of the Senate and the House of Representatives, the Vice
President, individuals in positions on the Executive Schedule (EX), and federal
justices and judges — all hereafter referred to as federal officials — receive an
annual pay adjustment under the Ethics Reform Act of 1989, P.L. 101-194 (103 Stat.
1716, at 1769, 5 U.S.C. §5318 note). The percentage change in the wages and
salaries for the private industry workers element of the Employment Cost Index
(ECI), minus 0.5% (December indicator) provides the basis for the pay adjustment.
In January 2007, the Vice President and individuals paid on the EX schedule received
a 1.7% salary increase. The Continuing Appropriations Resolution for FY2007, P.L.
109-383, enacted on December 9, 2006, which expired on February 15, 2007, delayed
the 1.7% pay increase for Members of Congress until February 16, 2007. Section
115 of P.L. 110-5, the Revised Continuing Appropriations Resolution for FY2007,
enacted on February 15, 2007, denies the Members a pay adjustment in 2007.
Federal justices and judges cannot receive the 1.7% pay adjustment until Congress
specifically authorizes it. To date, Congress has not enacted authorizing legislation.
S. 197, to provide the authorization, passed the Senate by unanimous consent on
January 8, 2007, and was referred to the House Committee on the Judiciary where it
is pending. H.R. 2829, the Financial Services and General Government
Appropriations Act for FY2008, as reported in the Senate on July 13, 2007,
authorizes a judicial pay adjustment at Section 305.
The Federal Judicial Salary Restoration Act of 2007, S. 1638 and H.R. 3753,
currently pending in the 110th Congress would provide pay increases of 50% (Senate
bill) and 41.3% (House bill) to district court judges, courts of appeals judges,
Associate Justices of the Supreme Court, and the Chief Justice of the United States.
The Senate bill also would provide a 50% pay adjustment to Court of International
Trade judges. The House bill also would repeal the provision of law that requires
Congress to specifically authorize any salary increases for justices and judges.
EX pay rates provide limitations on maximum basic pay rates for Members of
the Senior Executive Service (SES) and employees in senior-level (SL) and scientific
and professional (ST) positions. EX pay rates also provide limitations on basic pay,
basic pay and locality pay combined, and total compensation for employees in
General Schedule (GS) positions.
This report includes five tables which provide the January 2004, January 2005,
January 2006, and January 2007 salaries for federal officials, members of the SES,
and employees in SL, ST, and GS-15 positions in the Washington, DC, and the “Rest
of the United States” locality pay areas. It will be updated as more information about
future pay increases becomes available.

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Contents
Legislative, Executive, and Judicial Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Pay Adjustments Since 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Judicial Pay Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Senior Executive Service and Certain Senior-Level Positions . . . . . . . . . . . . . . . 9
General Schedule GS-15 Positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
List of Tables
Table 1. Legislative, Executive, and Judicial Salaries,
January 2004 to January 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Table 2. Legislative and Executive Salaries, January 2007 . . . . . . . . . . . . . . . . . 7
Table 3. Senior Executive Service (SES) Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Table 4. Pay For Senior-Level (SL) and Scientific and
Professional (ST) Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Table 5. Pay For General Schedule Grade GS-15 . . . . . . . . . . . . . . . . . . . . . . . . 15

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Legislative, Executive, and Judicial Officials:
Process for Adjusting Pay and Current
Salaries
Legislative, Executive, and Judicial Officials
A provision in the Ethics Reform Act of 1989 provides for an annual salary
adjustment for leaders and Members of the Senate and House of Representatives, the
Vice President, individuals in positions on the Executive Schedule (EX), and federal
justices and judges.1 The adjustment is based on the percentage change in the wages
and salaries (not seasonally adjusted) for the private industry workers element of the
Employment Cost Index (ECI), minus 0.5% (December indicator).2 It becomes
effective at the same time as, and at a rate no greater than, the annual base pay rate
adjustment for federal white-collar civilian employees under the General Schedule
(GS).3 The adjustment cannot, however, be less than zero or greater than 5%.4 While
this provision of the Ethics Reform Act sets the rate of the judicial pay adjustment,
a 1981 law provides that any salary increase for justices and judges must be
“specifically authorized by Act of Congress hereafter enacted.”5
1 P.L. 101-194, §704, November 30, 1989; 103 Stat. 1716, at 1769; 5 U.S.C. 5318 note. The
law amended 2 U.S.C. §31(2), 3 U.S.C. §104, 5 U.S.C. §5318, and 28 U.S.C. §461(a). For
an analysis of pay adjustments for Members of Congress, see CRS Report RL30014,
Salaries of Members of Congress: Current Procedures and Recent Adjustments, by Paul
Dwyer. See also CRS Report RS20388, Salary Linkage: Members of Congress, Certain
Federal Officials, and Certain Federal Judges, by Barbara L. Schwemle.
2 The term “base quarter” means the three-month period ending on December 31 of a year.
The ECI for the last base quarter is reduced by the ECI for the second to last base quarter,
the resulting difference is divided by the ECI for the second to last base quarter, and the
quotient is multiplied by 100.
3 Footnote 1 and Government Management Reform Act of 1994, P.L. 103-356, Title I,
§101(4), October 13, 1994; 108 Stat. 3410, at 3411. Under 5 U.S.C. §5318(a), salaries are
rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next
higher multiple of $100).
4 Article III, Section 1 of the Constitution of the United States provides that “The Judges,
both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and
shall, at stated Times, receive for their Services a Compensation which shall not be
diminished during their Continuance in Office.” The pay adjustment set under the Ethics
Reform Act would not apply to the extent that it would reduce the salary of any individual
whose compensation may not be diminished under Article III, Section 1. (28 U.S.C.
§461(b).)
5 P.L. 97-92, §140, December 15, 1981; 95 Stat. 1183, at 1200; 28 U.S.C. 461 note. The law
(continued...)

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The legislative, executive, and judicial officials are all hereafter referred to as
federal officials. The Vice President and individuals paid on the EX schedule
received a 1.7% salary increase in January 2007. The 1.7% pay increase for
Members of Congress was delayed until February 16, 2007, by Section 137 of the
Continuing Appropriations Resolution, P.L. 109-383, which was enacted on
December 9, 2006, and expired on February 15, 2007.6 Section 115 of P.L. 110-5,
the Revised Continuing Appropriations Resolution for FY2007, enacted on February
15, 2007, denies the Members a pay adjustment in 2007.7 Until Congress specifically
authorizes it, the 1.7% pay adjustment for federal justices and judges cannot be
provided.
Pay Adjustments Since 1991
Federal officials received pay adjustments in 11 of the 16 years (1991-2006)
since the enactment of the Ethics Reform Act. The adjustments follow:
1991. Adjustment was 3.6%.8 P.L. 101-520, Title III, §321, November 5,
1990; 104 Stat. 2254, at 2285, authorized the judicial pay adjustment.
5 (...continued)
provides “[t]hat 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.” Congress enacted this provision of law in the wake of a court decision
(U.S. v. Will, 449 U.S. 2000 (1980)) brought by several judges on behalf of the entire
Judiciary which resulted in the restoration of two (1976 and 1979) of four (1976-1979)
judicial pay adjustments that Congress had rejected. The provision was made permanent
in the Departments of Commerce, Justice, and State, The Judiciary, and Related Agencies
Appropriations Act, 2002, P.L. 107-77, Title VI, §625, November 28, 2001; 115 Stat. 748,
at 803.
6 The law provides that, “Notwithstanding any other provision of this division and
notwithstanding section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C.
31), the percentage adjustment scheduled to take effect under such section for 2007 shall not
take effect until February 16, 2007.” (120 Stat. 2678, at 2679.)
7 P.L. 110-5, §115, February 15, 2007, 121 Stat. 8, at 12; 2 U.S.C. §31 note. H.J.Res. 20
was introduced by Representative David Obey on January 29, 2007, and referred to the
House Committee on Appropriations. The House passed the resolution on a 286 to 140 vote
(Roll No. 72) on January 31, 2007. (The rule on consideration of the resolution was passed
on a 225 to 191 vote (Roll No. 67) the same day.) The Senate passed H.J.Res. 20 on an 81
to 15 vote (No. 48) on February 14, 2007. The resolution continues appropriations through
September 30, 2007.
8 Under the Ethics Reform Act of 1989 (P.L. 101-194, §703, November 30, 1989; 103 Stat.
1716, at 1768, 5 U.S.C. 5318 note), federal officials (but not Senators) also received a 25%
pay adjustment which was compounded with the 3.6% annual pay adjustment. The Senate
later passed legislation (Legislative Branch Appropriations Act, 1992, P.L. 102-90, August
14, 1991; 105 Stat. 450-451) which became effective on the day of enactment and provided
Senators with the same pay as Representatives. For a discussion of the Senate action, see,
CRS Report RL30014, Salaries of Members of Congress: Current Procedures and Recent
Adjustments, by Paul Dwyer.

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CRS-3
1992. Adjustment was 3.5%. P.L. 102-140, Title III, §305, October 28, 1991;
105 Stat. 782, at 810, authorized the judicial pay adjustment.
1993. Adjustment was 3.2%. P.L. 102-395, Title III, §304, October 6, 1992;
106 Stat. 1828, at 1859, authorized the judicial pay adjustment.
1994. Projected adjustment was 2.1%. Congress passed legislation freezing
salaries for Members of Congress (P.L. 103-6, §7, March 4, 1993; 107 Stat. 33, at
35). Federal officials did not receive a pay adjustment because GS base pay was not
adjusted (P.L. 103-123, §517B, §615, October 28, 1993; 107 Stat. 1226, at 1253-
1254, 1261-1263).
1995. Projected adjustment was 2.6%, but would have been limited to GS base
pay adjustment of 2.0%. Federal officials did not receive a pay adjustment (P.L. 103-
329, §630(a)(2), September 30, 1994; 108 Stat. 2382, at 2424).
1996. Projected adjustment was 2.3%, but would have been limited to GS base
pay adjustment of 2.0%. Federal officials did not receive a pay adjustment (P.L. 104-
52, §633, November 19, 1995; 109 Stat. 468, at 507).
1997. Projected adjustment was 2.3%. Federal officials did not receive a pay
adjustment (P.L. 104-208, §637, September 30, 1996; 110 Stat. 3009, at 3009-364).
1998. Projected adjustment was 2.9%. Adjustment was 2.3%, the same as the
GS base pay adjustment. P.L. 105-119, Title III, §306, November 26, 1997; 111 Stat.
2440, at 2493, authorized the judicial pay adjustment.
1999. Projected adjustment was 3.4%, but would have been limited to GS base
pay adjustment of 3.1%. Federal officials did not receive a pay adjustment (P.L. 105-
277, §621, October 21, 1998; 112 Stat. 2681, at 2681-518).
2000. Adjustment was 3.4%. P.L. 106-113, Div. B, §1000(a)(1) [Title III,
§304], November 29, 1999; 113 Stat. 1501, at 1535, 1501A-36-A37, authorized the
judicial pay adjustment.
2001. Projected adjustment was 3.0%. Adjustment was 2.7%, the same as the
GS base pay adjustment. P.L. 106-553, §1(a)(2) [Title III, §309], December 21,
2000; 114 Stat. 2762 at, 2762A-89, authorized the judicial pay adjustment.
2002. Adjustment was 3.4%. P.L. 107-77, Title III, §305, November 28, 2001;
115 Stat. 748, at 783, authorized the judicial pay adjustment.
2003. Projected adjustment was 3.3%. Adjustment was 3.1%, the same as the
GS base pay adjustment. P.L. 108-6, §1, February 13, 2003; 117 Stat. 10, authorized
the judicial pay adjustment.
2004. Adjustment was 2.2%. Adjusted temporarily at 1.5% pending enactment
of P.L. 108-199. P.L. 108-167, §1, December 6, 2003; 117 Stat. 2031, authorized the
judicial pay adjustment.
2005. Adjustment was 2.5%. P.L. 108-447, §306, December 8, 2004; 118 Stat.
2809, at 2895, authorized the judicial pay adjustment.
2006. Adjustment was 1.9%. P.L. 109-115, §405, November 30, 2005; 119
Stat. 2396, at 2470 authorized the judicial pay adjustment.
2007. Projected adjustment was 2.0%. Adjustment was 1.7%, the same as the
GS base pay adjustment.9 Section 115 of P.L. 110-5 denies the Members a pay
adjustment in 2007. The judicial pay adjustment has not yet been authorized. S. 197,
to provide the authorization, passed the Senate by unanimous consent on January 8,
2007, and was referred to the House Committee on the Judiciary where it is
9 U.S. President (Bush), “Adjustments of Certain Rates of Pay,” Executive Order 13420,
Federal Register, vol. 71, December 26, 2006, pp. 77569-77580.

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pending.10 Section 305 of H.R. 2829, the Financial Services and General
Government Appropriations Act for FY2008, as reported in the Senate on July 13,
2007, authorizes a judicial pay adjustment.11
2008. Projected adjustment is 2.7%, but may be lowered depending on the size
of the GS pay adjustment.12
Table 1 below shows the January 2004, January 2005, and January 2006 salaries
for federal officials.
Table 1. Legislative, Executive, and Judicial Salaries, January
2004 to January 2006
Position
January 2004
January 2005
January 2006
Legislative Branch
Vice President of the United
$203,000
$208,100
$212,100
States (President of the Senate)
Speaker of the House of
203,000
208,100
212,100
Representatives
President Pro Tempore of the
175,700
180,100
183,500
Senate
Majority and Minority Leaders
175,700
180,100
183,500
— House and Senate
Senators, Representatives,
158,100
162,100
165,200
Resident Commissioner of
Puerto Rico, and Delegates
Comptroller General of the
158,100
162,100
165,200
United States
Deputy Comptroller General
145,600
149,200
152,000
10 S. 197 was introduced on January 8, 2007, by Senator Patrick Leahy, for himself, and
Senators John Cornyn, Dianne Feinstein, Harry Reid, and Arlen Specter.
11 H.R. 2829, as reported in the Senate, p. 189. U.S. Congress, Senate Committee on
Appropriations, Financial Services and General Government Appropriations Bill, 2008,
report to accompany H.R. 2829, 110th Cong., 1st sess., S.Rept. 110-129 (Washington: GPO,
2007), p. 56.
12 The January 2008 pay adjustment provided for by the Ethics Reform Act would be 2.7%
(3.2% minus 0.5%) according to U.S. Department of Labor, Bureau of Labor Statistics,
Employment Cost Index — December 2006 (Washington, DC: January 31, 2007), p. 17.
The pay adjustment, however, can be no greater than the annual base pay rate adjustment
for federal white-collar civilian employees under the General Schedule (GS). For January
2008, the GS base pay adjustment required by law is 2.5% according to U.S. Department
of Labor, Bureau of Labor Statistics, Employment Cost Index — September 2006
(Washington, DC: October 31, 2006), pp. 2, 17.

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CRS-5
Position
January 2004
January 2005
January 2006
General Counsel, Government
136,900
140,300
143,000
Accountability Office
Librarian of Congress
158,100
162,100
165,200
Deputy Librarian
145,600
149,200
152,000
Register of Copyrights
145,600
149,200
152,000
Director, Congressional
145,600
149,200
152,000
Research Service
Public Printer
158,100
162,100
165,200
Deputy Public Printer
145,600
149,200
152,000
Executive Branch
President of the United States
$400,000
$400,000
$400,000
Vice President of the United
203,000
208,100
212,100
States
Executive Schedule (EX) Level
175,700
180,100
183,500
I: Cabinet-level officials
EX Level II: Deputy secretaries
158,100
162,100
165,200
of departments, secretaries of
military departments, and heads
of major agencies
EX Level III: Under secretaries
145,600
149,200
152,000
of departments and heads of
middle-level agencies
EX Level IV: Assistant
136,900
140,300
143,000
secretaries and general counsels
of departments, heads of smaller
agencies, members of certain
boards and commissions
EX Level V: Administrators,
128,200
131,400
133,900
commissioners, directors, and
members of boards,
commissions, or units of
agencies
Judicial Branch
Chief Justice of the United
$203,000
$208,100
$212,100
States
Associate Justices of the
194,300
199,200
203,000
Supreme Court
Judges, U.S. Courts of Appeal
167,600
171,800
175,100

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CRS-6
Position
January 2004
January 2005
January 2006
Judges, U.S. Court of Appeals
167,600
171,800
175,100
for the Armed Services
Judges, U.S. District Courts
158,100
162,100
165,200
Judges, United States Court of
158,100
162,100
165,200
Federal Claims
Judges, United States Court of
158,100
162,100
165,200
International Trade
Judges, Tax Court of the United
158,100
162,100
165,200
States
Judges, U.S. Court of Appeals
158,100
162,100
165,200
for Veterans Claims
Bankruptcy Judges
145,500
149,132
151,984
Magistrate Judges
145,500
149,132
151,984
Director, Administrative Office
158,100
162,100
165,200
of U.S. Courts
Deputy Director, Administrative
145,500
149,132
151,984
Office of U.S. Courts
Director, Federal Judicial Center
158,100
162,100
165,200
Deputy Director, Federal
145,500
149,132
151,984
Judicial Center
Administrative Assistant to the
up to 158,100
up to 162,100
up to 165,200
Chief Justice
Circuit Executives
up to 136,900
up to 140,300
up to 143,000
Notes: Salaries for the Comptroller General of the United States (31 U.S.C. §703(f)(1)), the Deputy
Comptroller General (31 U.S.C. §703(f)(2)), the General Counsel of the Government Accountability
Office (31 U.S.C. §731(c)), the Librarian of Congress (2 U.S.C. §136a-2(1)), the Deputy Librarian
(2 U.S.C. §136a-2(2)), the Register of Copyrights (17 U.S.C. §701(f)), the Director of the
Congressional Research Service (2 U.S.C. §166(c)(1)), the Public Printer (44 U.S.C. §303), and the
Deputy Public Printer (44 U.S.C. §303) are tied to the Executive Schedule by law. For an analysis
of congressional staff salaries which are tied to Member of Congress pay rates, see CRS
Memorandum, Effect of Congressional Pay Freeze on Officer and Staff Salaries, by Ida A. Brudnick
(available to Members of Congress and their staff from the author).
The President’s current salary became effective at noon on January 20, 2001, and was
established by the Treasury and General Government Appropriations Act, 2000, P.L. 106-58, Title
VI, §644, Sept. 29, 1999; 113 Stat. 430, at 478; 3 U.S.C. §102. For a discussion of the President’s
salary, see CRS Report RS20115, President of the United States: Compensation, by Barbara L.
Schwemle.
The salary for the Director of the Administrative Office (AO) of U.S. Courts is the same as that
of U.S. District Court Judges (28 U.S.C. §603). The salary for the Deputy Director of the AO is 92%
of the AO Director’s salary (28 U.S.C. §603). The salary for the Director of the Federal Judicial
Center (FJC) is the same as the AO Director’s salary (28 U.S.C. §626). The salary for the Deputy

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Director of the FJC is the same as the Deputy AO Director’s salary (28 U.S.C. §626). The salary for
the Administrative Assistant to the Chief Justice cannot exceed the AO Director’s salary (28 U.S.C.
§677). Salaries for Circuit Executives cannot exceed EX Level IV (28 U.S.C. §332(f)(1)).
Total compensation for Circuit Executives, the AO Director, and the Deputy AO Director may
be up to the Vice President’s salary. (Homeland Security Act of 2002, P.L. 107-296, Title XIII,
§1322, Nov. 25, 2002; 116 Stat. 2135, at 2297-2298; 5 U.S.C. §5307(d)). This provision also applies
to employees paid under 28 U.S.C. §604 which authorizes the AO Director to set compensation for
clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical
assistants, and other employees of the courts whose compensation is not otherwise fixed by law.
Performance appraisal systems for employees, “as designed and applied,” must make “meaningful
distinctions based on relative performance.” The AO Director is responsible for any regulations
(which must be consistent with the Office of Personnel Management and Office of Management and
Budget regulations for members of the SES and SL and ST employees), certifications, or other
measures necessary to implement the provision. Certification is for a period of two calendar years, but
may be terminated at any time upon a finding of nonconformance with applicable requirements. This
provision is under study by the Judicial Conference Committee on Judicial Resources.
The January 2006 salaries remain in effect for federal justices and judges because the 1.7% pay
adjustment for January 2007 has not been authorized by Congress.
Table 2. Legislative and Executive Salaries,
January 2007
Position
January 2007
Legislative Branch*
Vice President of the United States (President of the
$215,700
Senate)
Speaker of the House of Representatives*
212,100
President Pro Tempore of the Senate*
183,500
Majority and Minority Leaders — House and Senate*
183,500
Senators, Representatives, Resident Commissioner of
165,200
Puerto Rico, and Delegates*
Comptroller General of the United States
168,000
Deputy Comptroller General
154,600
General Counsel, Government Accountability Office
145,400
Librarian of Congress
168,000
Deputy Librarian
154,600
Register of Copyrights
154,600
Director, Congressional Research Service
154,600
Public Printer
168,000
Deputy Public Printer
154,600

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Position
January 2007
Executive Branch
President of the United States
$400,000
Vice President of the United States
215,700
Executive Schedule (EX) Level I: Cabinet-level
186,600
officials
EX Level II: Deputy secretaries of departments,
168,000
secretaries of military departments, and heads of major
agencies
EX Level III: Under secretaries of departments and
154,600
heads of middle-level agencies
EX Level IV: Assistant secretaries and general counsels
145,400
of departments, heads of smaller agencies, members of
certain boards and commissions
EX Level V: Administrators, commissioners, directors,
136,200
and members of boards, commissions, or units of
agencies
Notes: The January 2007 pay adjustment provided for by the Ethics Reform Act was 2.0% (2.5%
minus 0.5%) according to U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost
Index — December 2005 (Washington, DC: Jan. 31, 2006), p. 14. The pay adjustment, however, can
be no greater than the annual base pay rate adjustment for federal white-collar civilian employees
under the General Schedule (GS). For January 2007, the GS base pay adjustment required by law is
1.7% according to U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index —
September 2005 (Washington, DC: Oct. 28, 2005), pp. 2, 14.
*Section 115 of P.L. 110-5 denies a pay adjustment in 2007 to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, the Majority and Minority Leaders of the
House and Senate, and the Senators, Representatives, Resident Commissioner of Puerto Rico, and
Delegates. (P.L. 110-5, §115, Feb. 15, 2007, 121 Stat. 8, at 12; 2 U.S.C. §31 note.)
Until Congress specifically authorizes it, the 1.7% pay adjustment for federal justices and judges
cannot be provided. If the authorization is not provided, the salaries for federal justices and judges
will remain at the January 2006 levels shown in Table 1 above. S. 197, to provide the authorization,
passed the Senate by unanimous consent on January 8, 2007, and was referred to the House Committee
on the Judiciary where it is pending. H.R. 2829, the Financial Services and General Government
Appropriations Act for FY2008, as reported in the Senate on July 13, 2007, authorizes a judicial pay
adjustment at Section 305. (H.R. 3753, currently pending in the House of Representatives and
discussed below, would repeal the provision of law that requires Congress to specifically authorize
any salary increases for justices and judges.)
Judicial Pay Legislation. S. 1638, the Federal Judicial Salary Restoration
Act of 2007, is currently pending in the Senate Committee on the Judiciary. The bill,
introduced by Senator Patrick J. Leahy on June 15, 2007, would provide a 50% pay
adjustment to justices and judges. Specifically, it would increase the salary for
district court judges and Court of International Trade judges to $247,800, the salary
for courts of appeals judges to $262,700, the salary for Associate Justices of the
Supreme Court to $304,500, and the salary for the Chief Justice of the United States
to $318,200. The legislation would authorize to be appropriated such sums as
necessary to carry out the act and would become effective on the first applicable pay

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period beginning on or after the act’s enactment. Senator Leahy’s statement upon
introduction of the bill expressed his views that “[t]he independence of the judiciary
is compromised ... if judges leave the bench for financial reasons” and “[t]he quality
of the judiciary is threatened if judges’ salaries are inadequate to attract and retain our
best legal minds.”13
H.R. 3753, the Federal Judicial Salary Restoration Act of 2007, is currently
pending in the House Committee on the Judiciary. The bill, introduced by
Representative John Conyers on October 4, 2007, would provide a 41.3% pay
adjustment to justices and judges. Specifically, it would increase the salary for
district court judges to $233,500, the salary for courts of appeals judges to $247,500,
the salary for Associate Justices of the Supreme Court to $286,900, and the salary for
the Chief Justice of the United States to $299,800. The legislation also would repeal
the provision of law, codified at 28 U.S.C. §461 note, that requires Congress to
specifically authorize any salary increases for justices and judges. It would authorize
to be appropriated such sums as necessary to carry out the act and would become
effective upon enactment.
Senior Executive Service and
Certain Senior-Level Positions
Maximum basic pay rates for members of the Senior Executive Service (SES)
and certain senior-level positions are tied to the Executive Schedule. An individual
in an SES position: (1) directs the work of an organizational unit; (2) is held
accountable for the success of one or more specific programs or projects; (3)
monitors progress toward organizational goals and periodically evaluates and makes
appropriate adjustments to such goals; (4) supervises the work of employees other
than personal assistants; or (5) otherwise exercises important policy-making, policy-
determining, or other executive functions.14 Salaries for members of the SES are
determined annually by agency heads “under a rigorous performance management
system,” and range from the minimum rate of basic pay for a senior level (SL)
employee (120% of the minimum basic pay rate for GS-15; $111,676, as of January
2007) to either EX Level III ($154,600 as of January 2007), in agencies whose
performance appraisal systems have not been certified by the Office of Personnel
Management (OPM) as making “meaningful distinctions based on relative
performance,” or EX Level II ($168,000, as of January 2007), in agencies whose
performance appraisal systems have been so certified.15 Total compensation16 for
13 Statement of Senator Patrick Leahy, Congressional Record, daily edition, vol. 153, June
15, 2007, p. S7793.
14 5 U.S.C. §3132(a)(2).
15 National Defense Authorization Act for Fiscal Year 2004, P.L. 108-136, Div. A, Title XI,
§1125(a)(2), November 24, 2003; 117 Stat. 1392, at 1638-1639; 5 U.S.C. §5382. The Office
of Personnel Management published interim regulations on January 13, 2004, proposed
regulations on July 29, 2004, and final regulations on December 6, 2004, to implement the
pay system. U.S. Office of Personnel Management, “Senior Executive Service Pay and
(continued...)

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CRS-10
members of the SES in agencies whose performance appraisal systems “as designed
and applied” have been certified by OPM may be up to the Vice President’s salary
($215,700, as of January 2007)17 and up to EX Level I ($186,600, as of January 2007)
in agencies whose performance appraisal systems have not been so certified.18 Table
3 below shows January 2004 through January 2007 salaries for the SES.
Table 3. Senior Executive Service (SES) Pay
Effective January 2004
Minimum
Maximum
$104,927
$145,600
Agencies without a certified performance
appraisal system
$104,927
$158,100
Agencies with a certified performance appraisal
system
Effective January 2005
$107,550
$149,200
Agencies without a certified performance
appraisal system
$107,550
$162,100
Agencies with a certified performance appraisal
system
15 (...continued)
Performance Awards,” Federal Register, vol. 69, no. 8, January 13, 2004, pp. 2047-2052.
U.S. Office of Personnel Management, “Senior Executive Service Pay and Performance
Awards and Aggregate Limitation on Pay,” Federal Register, vol. 69, no. 145, July 29,
2004, pp. 45535-45546. U.S. Office of Personnel Management, “Senior Executive Service
Pay and Performance Awards; Aggregate Limitation on Pay,” Federal Register, vol. 69, no.
233, December 6, 2004, pp. 70355-70367. See CRS Report RL33128, Senior Executive
Service Pay for Performance System, by L. Elaine Halchin, for an analysis of the SES pay
adjustment process.
16 The term total compensation as used in this report refers to the aggregate of allowances,
differentials, bonuses, awards, or other similar cash payments, and basic pay. It does not
include advance payments, payments to missing employees, or back pay. The term also does
not include travel and transportation allowances, except for recruitment, relocation, and
retention bonuses, supervisory differentials, and expenses to obtain professional credentials,
or allowances, generally, except for foreign area post differentials and danger pay,
nonforeign area post differentials, and physicians comparability allowances. (5 U.S.C.
§5307(a)).
17 Homeland Security Act of 2002, P.L. 107-296, Title XIII, §1322, November 25, 2002; 116
Stat. 2135, at 2297-2298; 5 U.S.C. §5307(d) provided for OPM certification of agency
performance appraisal systems with the concurrence of the Office of Management and
Budget (OMB). See footnote 15 for the regulations implementing the provision. An
agency’s certification is for a period of two calendar years, but may be terminated at any
time upon a finding that the agency has not conformed with applicable requirements.
18 5 U.S.C. §5307(a)(1).

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CRS-11
Effective January 2006
$109,808
$152,000
Agencies without a certified performance
appraisal system
$109,808
$165,200
Agencies with a certified performance appraisal
system
Effective January 2007
$111,676
$154,600
Agencies without a certified performance
appraisal system
$111,676
$168,000
Agencies with a certified performance appraisal
system
Basic pay for certain senior-level positions — positions classified above GS-15
(SL pay schedule) and scientific or professional positions (ST pay schedule) —
ranges from 120% of the minimum rate of basic pay for GS-15 ($111,676, as of
January 2007) to EX Level IV ($145,400, as of January 2007).19 SL and ST
employees (unlike individuals in positions on the EX schedule or members of the
SES) receive locality-based comparability payments. The total of base pay and
locality pay cannot exceed EX Level III ($154,600, as of January 2007).20 Total
compensation for SL and ST employees in agencies whose performance appraisal
systems “as designed and applied” have been certified by OPM may be up to the Vice
President’s salary ($215,700, as of January 2007)21 and up to EX Level I ($186,600,
as of January 2007) in agencies whose performance appraisal systems have not been
so certified.22 Table 4 below shows January 2004 through January 2007 salaries for
SL and ST employees in the Washington, DC, and “Rest of the United States”
locality pay areas.23
19 Treasury, Postal Service and General Government Appropriations Act, 1991, P.L. 101-
509, Title V, §529 [Title I, §102(a)(1)], November 5, 1990; 104 Stat. 1389, at 1427, 1443;
5 U.S.C. §5376.
20 5 U.S.C. §5304(g)(2).
21 Homeland Security Act of 2002, P.L. 107-296, Title XIII, §1322, November 25, 2002; 116
Stat. 2135, at 2297-2298; 5 U.S.C. §5307(d) provided for OPM certification of agency
performance appraisal systems with the concurrence of the Office of Management and
Budget (OMB). See footnote 15 for the regulations implementing the provision. An
agency’s certification is for a period of two calendar years, but may be terminated at any
time upon a finding that the agency has not conformed with applicable requirements.
22 5 U.S.C. §5307(a)(1).
23 There are 32 locality pay areas for the purposes of the locality-based comparability
payments — 31 discrete pay areas and a “Rest of the United States” pay area covering all
employees not in one of the 31 areas. Salary information for SL and ST employees in all
32 locality pay areas is available on the Internet at [http://www.opm.gov].

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CRS-12
Table 4. Pay For Senior-Level (SL) and Scientific and
Professional (ST) Employees
Washington, DC Pay Area
“Rest of the United States” Pay Area
Minimum
Maximum
Minimum
Maximum
Effective January 2004
Basic Pay
Basic Pay
$104,927
$136,900
$104,927
$136,900
With Locality Pay Adjustment
With Locality Pay Adjustment
$120,278
$145,600
$116,364
$145,600
Effective January 2005
Basic Pay
Basic Pay
$107,550
$140,300
$107,550
$140,300
With Locality Pay Adjustment
With Locality Pay Adjustment
$124,736
$149,200
$120,155
$149,200
Effective January 2006
Basic Pay
Basic Pay
$109,808
$143,000
$109,808
$143,000
With Locality Pay Adjustment
With Locality Pay Adjustment
$129,024
$152,000
$123,556
$152,000
Effective January 2007
Basic Pay
Basic Pay
$111,676
$145,400
$111,676
$145,400
With Locality Pay Adjustment
With Locality Pay Adjustment
$132,437
$154,600
$125,792
$154,600
Note: The Washington, DC locality pay area is officially named the Washington-Baltimore-Northern
Virginia, DC-MD-VA-WV Combined Statistical Area (CSA), plus the Hagerstown-Martinsburg, MD-
WV Metropolitan Statistical Area, the York-Hanover-Gettysburg, PA CSA, Culpeper County, VA,
and King George County, VA.
General Schedule GS-15 Positions
The General Schedule (GS) is the basic pay schedule for federal white-collar
employees. It is divided into grades of difficulty and responsibility of work. There

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CRS-13
are 15 grades and 10 steps within each grade. The duties attached to positions at each
grade are stated in statute at 5 U.S.C. §5104. Those for a GS-15, the top level of the
schedule, are these:
(A) to perform, under general administrative direction, with very wide latitude
for the exercise of independent judgment, work of outstanding difficulty and
responsibility along special technical, supervisory, or administrative lines which
has demonstrated leadership and exceptional attainments;
(B) to serve as head of a major organization within a bureau involving work of
comparable level;
(C) to plan and direct or to plan and execute specialized programs of marked
difficulty, responsibility, and national significance, along professional, scientific,
technical, administrative, fiscal, or other lines, requiring extended training and
experience which has demonstrated leadership and unusual attainments in
professional, scientific, or technical research, practice, or administration, or in
administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific, technical,
administrative, fiscal, or other specialized work of equal importance, difficulty,
and responsibility, and requiring comparable qualifications.24
GS employees receive an annual adjustment to basic pay and a locality-based
comparability payment. EX pay rates provide limitations on GS pay. Basic pay
cannot exceed EX Level V ($136,200, as of January 2007), basic pay and locality pay
combined cannot exceed EX Level IV ($145,400, as of January 2007), and total
compensation cannot exceed EX Level I ($186,600, as of January 2007).25 GS-15
employees at the upper end of that pay grade in nine areas are currently affected by
the EX Level IV cap on basic pay and locality pay combined as follows:
! employees at step 10 in the (1) Boston-Worcester-Manchester, MA-
NH Combined Statistical Area (CSA), plus the Providence-New
Bedford-Fall River, RI-MA Metropolitan Statistical Area (MSA),
Barnstable County, MA, and Berwick, Eliot, Kittery, South Berwick,
and York towns in York County, ME; (2) Chicago-Naperville-
Michigan City, IL-IN-WI CSA; (3) Detroit-Warren-Flint, MI, CSA,
plus Lenawee County, MI; (4) Hartford-West Hartford-Willimantic,
CT CSA, plus the Springfield, MA MSA and New London County,
CT; and (5) San Diego-Carlsbad-San Marcos, CA MSA;
! employees at steps 9 and 10 in the (1) Houston-Baytown, Huntsville,
TX CSA; (2) Los Angeles-Long Beach-Riverside, CA CSA, plus the
Santa Barbara-Santa Maria-Goleta, CA MSA and all of Edwards Air
Force Base, CA; and (3) New York-Newark-Bridgeport, NY-NJ-CT-
PA CSA, plus Monroe County, PA and Warren County, NJ;
24 5 U.S.C. §5104(15).
25 5 U.S.C. §5303(f), 5 U.S.C. §5304(g)(1), and 5 U.S.C. §5307(a)(1). See CRS Report
RL33158, Federal White-Collar Pay: FY2006 and FY2007 Salary Adjustments, by Barbara
L. Schwemle, for an analysis of the pay adjustment process for General Schedule positions.

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CRS-14
! employees at steps 7, 8, 9, and 10 in the San Jose-San Francisco-
Oakland, CA CSA, plus the Salinas, CA MSA and San Joaquin
County, CA.
Table 5 below shows January 2004 through January 2007 salaries for
employees at GS grade 15 in the Washington, DC and “Rest of the United States”
locality pay areas.26
26 Salary tables for GS-15 employees in all 32 locality pay areas are available on the Internet
at [http://www.opm.gov].

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CRS-15
Table 5. Pay For General Schedule Grade GS-15
Washington, DC Pay Area
“Rest of the United States” Pay Area
Minimum (Step 1)
Maximum (Step 10)
Minimum (Step 1)
Maximum (Step 10)
Effective January 2004
Basic Pay
Basic Pay
$87,439
$113,674
$87,439
$113,674
With Locality Pay Adjustment
With Locality Pay Adjustment
$100,231
$130,305
$96,970
$126,064
Effective January 2005
Basic Pay
Basic Pay
$89,625
$116,517
$89,625
$116,517
With Locality Pay Adjustment
With Locality Pay Adjustment
$103,947
$135,136
$100,129
$130,173
Effective January 2006
Basic Pay
Basic Pay
$91,507
$118,957
$91,507
$118,957
With Locality Pay Adjustment
With Locality Pay Adjustment
$107,521
$139,774
$102,964
$133,850
Effective January 2007
Basic Pay
Basic Pay
$93,063
$120,981
$93,063
$120,981
With Locality Pay Adjustment
With Locality Pay Adjustment
$110,363
$143,471
$104,826
$136,273
Note: The Washington, DC locality pay area is officially named the Washington-Baltimore-Northern
Virginia, DC-MD-VA-WV Combined Statistical Area (CSA), plus the Hagerstown-Martinsburg, MD-
WV Metropolitan Statistical Area, the York-Hanover-Gettysburg, PA CSA, Culpeper County, VA,
and King George County, VA.

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