Order Code RL33245
Legislative, Executive, and Judicial Officials:
Process for Adjusting Pay and Current Salaries
Updated October 23, 2008
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 2008, federal officials received a 2.5% salary increase. The pay
adjustment is projected to be 2.8% in January 2009. Section 140 of P.L. 97-92,
enacted on December 15, 1981, provides that any salary increase for justices and
judges must be specifically authorized by Congress. P.L. 110-329, the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (H.R. 2638),
enacted on September 30, 2008, which provides funds for government operations
from October 1, 2008, through March 6, 2009, does not include the authorization.
Legislation that would adjust the pay of federal justices and judges is currently
pending in the 110th Congress. The Federal Judicial Salary Restoration Act of 2008,
S. 1638, as reported, amended, and H.R. 3753, as ordered to be reported, amended,
would authorize pay increases of 28.7%-28.8% over January 2008 salaries to district
court judges, courts of appeals judges, Court of International Trade judges, Associate
Justices of the Supreme Court, and the Chief Justice of the United States. The bills
also would repeal the provision of law that requires Congress to specifically
authorize any salary increases for justices and judges and amend current law to
provide that justices and judges would receive the same percentage pay adjustment
as is authorized each year for base pay under the General Schedule. S. 2353, the Fair
Judicial Compensation Act of 2007, would authorize a 16.5% pay increase over
January 2008 salaries to district court judges, courts of appeals judges, Court of
International Trade judges, Associate Justices, and the Chief Justice. The House
Committee on the Judiciary ordered H.R. 3753 to be reported, as amended, on a 28
to 5 vote on December 12, 2007. During a December 13, 2007, markup, the Senate
Committee on the Judiciary, by voice vote, agreed to an amendment that was offered
by Senator Dianne Feinstein to amend S. 1638 to provide the same compensation
provisions as H.R. 3753. The committee resumed consideration of S. 1638 on
January 31, 2008, and ordered the bill to be reported, as amended, on a 10 to 7 vote
the same day. The committee reported S. 1638 (S.Rept. 110-277) on April 1, 2008.
S.Con.Res. 70, the Concurrent Resolution on the Budget for FY2009, as agreed to
by the House and Senate, includes a provision at Section 229 on a deficit-neutral
reserve fund for judicial pay.
EX pay rates provide limitations on maximum basic pay rates for Members of
the Senior Executive Service (SES), employees in senior-level (SL) and scientific
and professional (ST) positions, and on basic pay, basic pay and locality pay
combined, and total compensation for employees in General Schedule (GS) positions.
This report will be updated as events dictate.

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Contents
Legislative, Executive, and Judicial Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Pay Adjustments Since 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Judicial Pay Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Concurrent Resolution on the Budget for FY2009 . . . . . . . . . . . . . . . . 9
Senior Executive Service and Certain Senior-Level Positions . . . . . . . . . . . . . . 10
Basic Pay Limitation for SL and ST Positions . . . . . . . . . . . . . . . . . . . 12
General Schedule GS-15 Positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
List of Tables
Table 1. Legislative, Executive, and Judicial Salaries,
January 2004 to January 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Table 2. Senior Executive Service (SES) Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Table 3. Pay for Senior-Level (SL) and Scientific and
Professional (ST) Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Table 4. Pay for General Schedule Grade GS-15 . . . . . . . . . . . . . . . . . . . . . . . . 17

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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,
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 (available from CRS). 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).)

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CRS-2
a 1981 law provides that any salary increase for justices and judges must be
“specifically authorized by Act of Congress hereafter enacted.”5
The legislative, executive, and judicial officials — all hereafter referred to as
federal officials — received a 2.5% pay adjustment in January 2008.
Pay Adjustments Since 1991
Since the enactment of the Ethics Reform Act, federal officials have received
pay adjustments as follow:
1991. Adjustment was 3.6%.6 P.L. 101-520, Title III, §321, November 5,
1990; 104 Stat. 2254, at 2285, authorized the judicial pay adjustment.
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).
5 P.L. 97-92, §140, December 15, 1981; 95 Stat. 1183, at 1200; 28 U.S.C. 461 note. The law
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. For FY2009, S. 3260, the Financial Services and General Government
Appropriations Act, as reported (S.Rept. 110-417) by the Senate Committee on
Appropriations on July 14, 2008, included the authorization at Section 310. P.L. 110-329,
the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009
(H.R. 2638), enacted on September 30, 2008, which provides funds for government
operations from October 1, 2008, through March 6, 2009, does not include the authorization.
6 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 (available from CRS).

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CRS-3
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. The Vice President and individuals on the EX schedule
received the 1.7% pay increase. Section 115 of P.L. 110-5 denied the Members a pay

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adjustment in 2007.7 Justices and judges did not receive a pay adjustment because
Congress did not authorize it as required by law. 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, but no further action has occurred.8
2008. Projected adjustment was 2.7%. Adjustment was 2.5%, the same as the
GS base pay adjustment. P.L. 110-161, Division D, §305, December 26, 2007; 121
Stat. 1844 authorized the judicial pay adjustment.
2009. Projected adjustment is 2.8%.9
Table 1, below, shows the salaries for federal officials from January 2004 to
January 2008.
Table 1. Legislative, Executive, and Judicial Salaries,
January 2004 to January 2008
January
January
January
January
January
Position
2004
2005
2006
2007
2008
Legislative Branch
Vice President of the United
$203,000
$208,100
$212,100
$215,700
$221,100
States (President of the Senate)
Speaker of the House of
203,000
208,100
212,100
212,100
217,400
Representatives
President Pro Tempore of the
175,700
180,100
183,500
183,500
188,100
Senate
Majority and Minority Leaders —
175,700
180,100
183,500
183,500
188,100
House and Senate
Senators, Representatives,
158,100
162,100
165,200
165,200
169,300
Resident Commissioner of Puerto
Rico, and Delegates
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 continued appropriations through
September 30, 2007.
8 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.
9 U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index —
December 2007 (Washington: January 31, 2008), pp. 2, 15. The calculation is 3.3% minus
0.5% = 2.8%.

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CRS-5
January
January
January
January
January
Position
2004
2005
2006
2007
2008
Comptroller General of the United
158,100
162,100
165,200
168,000
172,200
States
Deputy Comptroller General
145,600
149,200
152,000
154,600
158,500
Librarian of Congress
158,100
162,100
165,200
168,000
172,200
Deputy Librarian
145,600
149,200
152,000
154,600
158,500
Register of Copyrights
145,600
149,200
152,000
154,600
158,500
Director, Congressional Research
145,600
149,200
152,000
154,600
158,500
Service
Public Printer
158,100
162,100
165,200
168,000
172,200
Deputy Public Printer
145,600
149,200
152,000
154,600
158,500
Director, Congressional Budget
156,600
160,600
Deputy
163,700
167,800
Office
Director
serving as
Acting
Director on
Deputy
Salary
Deputy Director, Congressional
155,600
159,600
162,700
162,700
166,800
Budget Office
Architect of the Capitol
156,600
160,600
163,700
163,700
167,800
Executive Branch
President of the United States
$400,000
$400,000
$400,000
$400,000
$400,000
Vice President of the United
203,000
208,100
212,100
215,700
221,100
States
Executive Schedule (EX) Level I:
175,700
180,100
183,500
186,600
191,300
Cabinet-level officials
EX Level II: Deputy secretaries of
158,100
162,100
165,200
168,000
172,200
departments, secretaries of
military departments, and heads of
major agencies
EX Level III: Under secretaries of
145,600
149,200
152,000
154,600
158,500
departments and heads of middle-
level agencies
EX Level IV: Assistant secretaries
136,900
140,300
143,000
145,400
149,000
and general counsels of
departments, heads of smaller
agencies, members of certain
boards and commissions

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CRS-6
January
January
January
January
January
Position
2004
2005
2006
2007
2008
EX Level V: Administrators,
128,200
131,400
133,900
136,200
139,600
commissioners, directors, and
members of boards, commissions,
or units of agencies
Judicial Branch
Chief Justice of the United States
$203,000
$208,100
$212,100
$212,100
$217,400
Associate Justices of the Supreme
194,300
199,200
203,000
203,000
208,100
Court
Judges, U.S. Courts of Appeal
167,600
171,800
175,100
175,100
179,500
Judges, U.S. Court of Appeals for
167,600
171,800
175,100
175,100
179,500
the Armed Services
Judges, U.S. District Courts
158,100
162,100
165,200
165,200
169,300
Judges, United States Court of
158,100
162,100
165,200
165,200
169,300
Federal Claims
Judges, United States Court of
158,100
162,100
165,200
165,200
169,300
International Trade
Judges, Tax Court of the United
158,100
162,100
165,200
165,200
169,300
States
Judges, U.S. Court of Appeals for
158,100
162,100
165,200
165,200
169,300
Veterans Claims
Bankruptcy Judges
145,500
149,132
151,984
151,984
155,756
Magistrate Judges
145,500
149,132
151,984
151,984
155,756
Director, Administrative Office of
158,100
162,100
165,200
165,200
169,300
U.S. Courts
Deputy Director, Administrative
145,500
149,132
151,984
151,984
155,756
Office of U.S. Courts
Director, Federal Judicial Center
158,100
162,100
165,200
165,200
169,300
Deputy Director, Federal Judicial
145,500
149,132
151,984
151,984
155,756
Center
Administrative Assistant to the
up to
up to
up to
up to
up to
Chief Justice
158,100
162,100
165,200
165,200
169,300
Circuit Executives
145,600
up to
up to
up to
up to
162,100
165,200
165,200
169,300
Notes: Section 115 of P.L. 110-5 denied 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

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CRS-7
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.)
The salaries for the Director and Deputy Director of the Congressional Budget Office (CBO) also were
not adjusted in January 2007, because Member of Congress pay was not adjusted. By statute (2
U.S.C. §601(a)(5)(A)(B)), the annual rate of compensation for the Director of CBO is equal to the
lower of the highest annual rate of compensation of any officer of the Senate or the highest annual rate
of compensation of any officer of the House. The annual rate of compensation for the Deputy Director
of CBO is $1,000 less than that of the Director. The Deputy Director continued as Acting Director,
at the Deputy salary, until January 18, 2007, when the CBO Director assumed office. (Information
provided to CRS by CBO staff by telephone and electronic mail on November 19, 2007, and by
electronic mail on January 23, 2008.)
The salary for the Architect of the Capitol also was not adjusted in January 2007, because Member
of Congress pay was not adjusted. By statute (2 U.S.C. §1802), the annual rate of compensation for
the Architect is equal to the lesser of the annual salary for the Sergeant at Arms of the House of
Representatives or the Sergeant at Arms and Doorkeeper of the Senate.
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 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 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 are established by the Judicial Conference and may not exceed EX
Level IV (28 U.S.C. §332(f)(1)). The salaries for Circuit Executives included in this report were
provided to CRS by the AO by electronic mail on January 29, 2008.
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.
Justices and judges did not receive a pay adjustment in 2007 because it was not authorized by
Congress. 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, but no further action has occurred.

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Judicial Pay Bills10. The Federal Judicial Salary Restoration Act of 2008, S.
1638, as reported, amended, by the Senate Committee on the Judiciary, and H.R.
3753, as ordered to be reported, amended, by the House Committee on the Judiciary,
would authorize a 28.7%-28.8% pay increase over January 2008 salaries to federal
justices and judges.11 S. 2353, the Fair Judicial Compensation Act of 2007,
introduced by Senator Richard Durbin on November 14, 2007, would authorize a
16.5% pay increase over January 2008 salaries.
Both S. 1638 and H.R. 3753 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 and amend 28 U.S.C. §461(a) to provide that
justices and judges would receive the same percentage pay adjustment as is
authorized each year for base pay under the General Schedule. The Congressional
Budget Office (CBO) prepared cost estimates for H.R. 3753, as ordered to be
reported, on February 1, 2008, and for S. 1638, as reported, on March 28, 2008.
According to the estimates, the salary increases and annual cost of living adjustments
for judges appointed under Article III of the Constitution and bankruptcy judges
would
increase direct spending by $556 million over the 2009-2013 period and by $1.4
billion over the 2009-2018 period.12
All the bills would authorize to be appropriated such sums as necessary to carry
out the act. S. 1638 and H.R. 3753 would become effective upon enactment. S.
2353 would become effective as of the first applicable pay period beginning on or
after the act’s enactment.
10 For an analysis of other provisions in the legislation, see CRS Report RL34281, Judicial
Salary: Current Issues and Options for Congress, by Kevin M. Scott.
11 Senator Patrick Leahy introduced S. 1638 on June 15, 2007. His 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.” See, Statement of Senator Patrick Leahy, Congressional Record, daily edition, vol.
153, June 15, 2007, p. S7793. During a December 13, 2007, markup of S. 1638, the Senate
Committee on the Judiciary, by voice vote, agreed to an amendment offered by Senator
Dianne Feinstein to amend the bill to provide the same compensation provisions as H.R.
3753. The committee resumed consideration of S. 1638 on January 31, 2008. Senator
Richard Durbin offered an amendment to provide a 16.5% pay adjustment, but the
committee rejected it on a 4 to 13 vote. The committee ordered S. 1638 to be reported, as
amended, on a 10 to 7 vote on January 31, 2008. The committee reported the bill on April
1, 2008 (S.Rept. 110-277). Representative John Conyers introduced H.R. 3753 on October
4, 2007. The House Committee on the Judiciary marked up the bill and ordered it to be
reported, as amended, on a 28 to 5 vote on December 12, 2007.
12 U.S. Congressional Budget Office, Cost Estimate, H.R. 3753 Federal Judicial Salary
Restoration Act of 2007, February 1, 2008, p. 3. U.S. Congressional Budget Office, Cost
Estimate, S. 1638 Federal Judicial Salary Restoration Act of 2007, March 28, 2008, p. 3.

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CRS-9
The legislation would authorize the following salaries:
! Chief Justice of the United States — $279,900 (S. 1638 and H.R.
3753), and $253,300 (S. 2353);
! Associate Justices of the Supreme Court — $267,900 (S. 1638 and
H.R. 3753), and $242,400 (S. 2353);
! Courts of Appeals Judges — $231,100 (S. 1638 and H.R. 3753), and
$209,100 (S. 2353);
! District Court Judges — $218,000 (S. 1638 and H.R. 3753), and
$197,200 (S. 2353); and
! Court of International Trade Judges — $218,000 (S. 1638 and H.R.
3753), and $197,200 (S. 2353).
The Senate Committee on the Judiciary report that accompanied S. 1638 stated
that the bill
would increase the salaries of Federal judges to ensure that the design of life
tenure is not eroded but ... is also balanced with provisions to ensure that our
federal judges maintain the highest ethical standards to promote confidence in
their impartiality.13
Concurrent Resolution on the Budget for FY2009. S.Con.Res. 70, the
Concurrent Resolution on the Budget for FY2009, as agreed to or passed by the
House and Senate includes a provision at Section 229 on a deficit-neutral reserve
fund for judicial pay:
The Chairman of the Senate Committee on the Budget may revise the allocations
of a committee or committees, aggregates, and other levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or conference reports
that would authorize salary adjustments for justices and judges of the United
States ... by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the period of the total of
fiscal years 2008 through 2018.14
13 U.S. Congress, Senate Committee on the Judiciary, Federal Judicial Salary Restoration
Act of 2008, report to accompany S. 1638, 110th Cong., 2nd sess., S.Rept. 110-277
(Washington: GPO, 2008), p. 3. A Star Print of the report was ordered on April 7, 2008.
14 S.Con.Res. 70, Enrolled, June 5, 2008, as agreed to by the House and Senate, p. 28. As
passed by the Senate on March 14, 2008, on a 51-44 (Record No. 85) vote, S.Con.Res. 70
included the provision at Section 308. See also, U.S. Congress, Conference Committees,
2008, Concurrent Resolution on the Budget for Fiscal Year 2009, conference report to
accompany S.Con.Res. 70, 110th Cong., 2nd sess., H.Rept. 110-659 (Washington: GPO,
2008), pp. 29, 116, 124. The Senate agreed to the conference report on a 48-45 (Record No.
142) vote on June 4, 2008. The House agreed to the conference report on a 214-210 (Roll
No. 382) vote on June 5, 2008.

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CRS-10
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.15 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; $114,468, as of January
2008) to either EX Level III ($158,500, as of January 2008), 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 ($172,200, as of January 2008), in agencies whose
performance appraisal systems have been so certified.16 Total compensation17 for
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
($221,100, as of January 2008)18 and up to EX Level I ($191,300, as of January 2008)
15 5 U.S.C. §3132(a)(2).
16 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
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.
17 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)).
18 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
(continued...)

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CRS-11
in agencies whose performance appraisal systems have not been so certified.19 Table
2, below, shows January 2004 through January 2008 salaries for the SES.
Table 2. Senior Executive Service (SES) Pay
Minimum
Maximum
Performance appraisal system status
Effective January 2004
$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
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
Effective January 2008
$114,468
$158,500
Agencies without a certified performance
appraisal system
$114,468
$172,200
Agencies with a certified performance appraisal
system
Currently, basic pay for certain senior-level positions — positions classified
above GS-15 (SL pay schedule) and scientific or professional positions (ST pay
18 (...continued)
Budget (OMB). See footnote 16 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.
19 5 U.S.C. §5307(a)(1).

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CRS-12
schedule) — ranges from 120% of the minimum rate of basic pay for GS-15
($114,468, as of January 2008) to EX Level IV ($149,000, as of January 2008).20
The upper level limitation will increase as of April 12, 2009, as discussed in the
section on “Basic Pay Limitation for SL and ST Positions” below. Currently, 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 ($158,500, as of January 2008).21 As of
April 12, 2009, SL and ST employees will not receive locality pay. 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 ($221,100, as of January 2008)22 and up to EX Level I ($191,300,
as of January 2008) in agencies whose performance appraisal systems have not been
so certified.23
Basic Pay Limitation for SL and ST Positions. Senator George
Voinovich introduced S. 1046, the Senior Professional Performance Act of 2008, on
March 29, 2007. (In the 109th Congress, similar provisions were included in S. 3492
at Section 6.) In his statement upon introducing the bills, Senator Voinovich stated
that “employees should receive annually a rigorous evaluation” with pay determined
“by the productivity, effectiveness, and the contributions of an employee.” He stated
that the amendments proposed in S. 1046 would keep SL and ST employees “on
equal footing” with members of the Senior Executive Service in terms of pay and
performance management.24 The bill was referred to the Senate Subcommittee on
Oversight of Government Management, the Federal Workforce, and the District of
Columbia of the Committee on Homeland Security and Governmental Affairs. It was
marked up and ordered reported without amendment by the full committee on June
13, 2007. The committee reported S. 1046, without amendment, on April 22, 2008
(S.Rept. 110-328).25 During Senate consideration of the bill, a substitute amendment
offered by Senator Voinovich was agreed to and the Senate passed S. 1046 by
20 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.
21 5 U.S.C. §5304(g)(2).
22 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 16 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.
23 5 U.S.C. §5307(a)(1).
24 Statement of Senator George Voinovich, Congressional Record, daily edition, vol. 153,
March 29, 2007, p. S4180.
25 U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs,
Senior Professional Performance Act of 2007, report to accompany S. 1046, 110th Cong.,
2nd sess. (Washington: GPO, 2008).

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CRS-13
unanimous consent on July 11, 2008.26 The bill, as passed by the Senate was referred
to the House Committee on Oversight and Government Reform on July 14, 2008.
The Congressional Budget Office estimated that implementation of S. 1046 would
cost “roughly $7 million between 2008 and 2012.”27 The House of Representatives
passed S. 1046 under suspension of the rules on a 419 to 0 (Roll No. 659) vote on
September 26, 2008. During the House debate, Representative Christopher Shays
stated that “the purpose of the bill is to align the pay system for ... [SL’s and ST’s]
with that of the Senior Executive Service Members.”28 President Bush signed the bill
on October 8, 2008, and it became P.L. 110-372.
Among other provisions, the law amends 5 U.S.C. §5376(b)(1)(B) to provide
that SL and ST employees in agencies whose performance appraisal systems have
been certified by OPM as making meaningful distinctions in performance, may
receive basic pay up to Level II of the Executive Schedule ($172,200, as of January
2008). In agencies whose performance appraisal systems have not been so certified
by OPM, SL and ST employees may receive basic pay up to Level III of the
Executive Schedule ($158,500, as of January 2008). SL and ST employees will not
receive locality pay. According to OPM, guidance on implementing the law will be
provided to departments and agencies and the provisions will become effective on
April 12, 2009.
Table 3, below, shows January 2004 through January 2008 salaries for SL and
ST employees in the Washington, DC, and “Rest of the United States” locality pay
areas.29
26 Congressional Record, daily edition, vol. 154, July 11, 2008, pp. S6609-S6610.
27 U.S. Congressional Budget Office, Cost Estimate, S. 1046 Senior Professional
Performance Act of 2007, September 12, 2007.
28 Congressional Record, daily edition, September 25, 2008, p. H9884.
29 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-14
Table 3. 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
Effective January 2008
Basic Pay
Basic Pay
$114,468
$149,000
$114,468
$149,000
With Locality Pay Adjustment
With Locality Pay Adjustment
$138,380
$158,500
$129,555
$158,500
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, and King George
County, VA.

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CRS-15
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
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.30
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 ($139,600, as of January 2008); basic pay and locality pay
combined cannot exceed EX Level IV ($149,000, as of January 2008); and total
compensation cannot exceed EX Level I ($191,300, as of January 2008).31 GS-15
employees at the upper end of that pay grade in 12 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-
RI-NH, Combined Statistical Area (CSA), plus 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) Denver-Aurora-Boulder, CO, CSA, plus the Ft.
Collins-Loveland, CO, MSA; (4) Detroit-Warren-Flint, MI, CSA,
plus Lenawee County, MI; (5) Sacramento - Arden-Arcade - Yuba
City, CA-NV, CSA, plus Carson City, NV; (6) San Diego-Carlsbad-
San Marcos, CA, MSA; and (7) Washington-Baltimore-Northern
Virginia, DC-MD-VA-WV, CSA, plus the Hagerstown-Martinsburg,
MD-WV, MSA, the York-Hanover-Gettysburg, PA, CSA, and King
George County, VA.
30 5 U.S.C. §5104(15).
31 5 U.S.C. §5303(f), 5 U.S.C. §5304(g)(1), and 5 U.S.C. §5307(a)(1). See CRS Report
RL33732, Federal White-Collar Pay: FY2008 Salary Adjustments, by Barbara L.
Schwemle, for an analysis of the pay adjustment process for General Schedule positions.

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CRS-16
! employees at steps 9 and 10 in the (1) Hartford-West Hartford-
Willimantic, CT, CSA, plus the Springfield, MA, MSA and New
London County, CT; (2) Los Angeles-Long Beach-Riverside, CA,
CSA, plus the Santa Barbara-Santa Maria-Goleta, CA, MSA and
Edwards Air Force Base, CA; and (3) New York-Newark-
Bridgeport, NY-NJ-CT-PA, CSA, plus Monroe County, PA, and
Warren County, NJ;
! employees at steps 8, 9, and 10 in the Houston-Baytown, Huntsville,
TX, CSA;
! 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 4, below, shows January 2004 through January 2008 salaries for
employees at GS grade 15 in the Washington, DC, and “Rest of the United States”
locality pay areas.32
32 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-17
Table 4. 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
Effective January 2008
Basic Pay
Basic Pay
$95,390
$124,010
$95,390
$124,010
With Locality Pay Adjustment
With Locality Pay Adjustment
$115,317
$149,000
$107,962
$140,355
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, and King George
County, VA.

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