I

104TH CONGRESS

1ST SESSION H. R. 834

To nullify the 25 percent pay increase that was afforded to Members of

Congress and certain other Government officials by the Ethics Reform

Act of 1989; to repeal section 225 of the Federal Salary Act of 1967,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1995

Mr. JACOBS introduced the following bill; which was referred to the Committee

on Government Reform and Oversight and, in addition, to the Committees on House Oversight, the Judiciary, Ways and Means, and Rules, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To nullify the 25 percent pay increase that was afforded

to Members of Congress and certain other Government

officials by the Ethics Reform Act of 1989; to repeal

section 225 of the Federal Salary Act of 1967, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PROVISIONS RELATING TO OFFICES AND POSI2 TIONS IN THE EXECUTIVE OR LEGISLATIVE

3 BRANCH.

4 (a) APPLICABILITY.—This section shall apply with

5 respect to each office or position under subparagraph (A),

6 (B), or (D) of section 225(f) of the Federal Salary Act

7 of 1967 (2 U.S.C. 356), as last in effect before being re8 pealed by section 3(a).

9 (b) PAY PROVISIONS.—Notwithstanding section

10 601(a) of the Legislative Reorganization Act of 1946 (2

11 U.S.C. 31), section 104 of title 3, United States Code,

12 section 5318 of title 5, United States Code, or any other

13 provision of law, the rate of basic pay for each office or

14 position to which this section applies shall—

15 (1) for the period beginning on the date of the

16 enactment of this Act and ending at the close of the

17 day before the first day to which paragraph (2) ap18 plies, be equal to the rate payable for such office or

19 position as of the date of the enactment of this Act;

20 and

21 (2) on and after the first day of the first Con22 gress beginning after the next election of Represent23 atives occurring after the date of the enactment of

24 this Act, be equal to the rate which would then be

25 payable for such office or position if neither section

26 703 of the Ethics Reform Act of 1989 (5 U.S.C.
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1 5318 note), section 6(a) of the Legislative Branch

2 Appropriations Act, 1992 (5 U.S.C. 5318 note) (but

3 only to the extent that it directs that subsection

4 (a)(2)(B) of such section 703 be treated as if it had

5 not been enacted), nor paragraph (1) had been en6 acted.

7 (c) REPEAL OF CERTAIN RELATED PROVISIONS.—

8 The last sentence of section 603, and the last sentence

9 of section 804(f), of the Ethics Reform Act of 1989 are

10 repealed.

11 (d) DEFINITION.—For the purpose of this section,

12 the term ‘‘election of Representatives’’ is used in the same

13 way as such term is used in the twenty-seventh article of

14 amendment to the Constitution of the United States.

15 SEC. 2. PROVISIONS RELATING TO OFFICES AND POSI16 TIONS IN THE JUDICIAL BRANCH.

17 (a) APPLICABILITY.—This section shall apply with

18 respect to each office or position under subparagraph (C)

19 of section 225(f) of the Federal Salary Act of 1967 (2

20 U.S.C. 356), as last in effect before being repealed by sec21 tion 3(a).

22 (b) PAY PROVISIONS.—

23 (1) IN GENERAL.—Notwithstanding section 461

24 of title 28, United States Code, or any other provi-
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1 sion of law, the rate of basic pay for each office or

2 position to which this section applies shall—

3 (A) for the period beginning on the date of

4 the enactment of this Act and ending at the

5 close of the day before the first day to which

6 subparagraph (B) applies, be equal to the rate

7 payable for such office or position as of the

8 date of the enactment of this Act; and

9 (B) on and after the date specified in

10 paragraph (2), be adjusted in accordance with

11 paragraph (3).

12 (2) SPECIFICATION OF DATE.—The date speci13 fied in this paragraph is the first date, after the first

14 day referred to in section 1(b)(2), as of which the

15 rate of pay payable to a Senator or Member of the

16 House of Representatives (or, if those rates are not

17 the same, whichever is less) is at least equal to the

18 rate payable to a judge of a district court of the

19 United States as of the date of the enactment of this

20 Act.

21 (3) METHOD FOR ADJUSTING PAY.—The meth22 od for adjusting pay for an office or position under

23 this paragraph shall be—

24 (A) as required under applicable provisions

25 of law (disregarding any adjustments which,
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1 but for this Act, would have taken effect under

2 those provisions during the period described in

3 paragraph (1)(A)); except that

4 (B) the first adjustment taking effect after

5 the end of such period shall (for each such of6 fice or position) be equal to such percentage as

7 results in the rate of pay for a judge of a dis8 trict court of the United States being equal to

9 the rate then payable to a Senator or Member

10 of the House of Representatives (or, if those

11 rates are not the same, whichever is less).

12 SEC. 3. REPEAL OF SECTION 225 OF THE FEDERAL SALARY

13 ACT OF 1967.

14 (a) IN GENERAL.—Section 225 of the Federal Salary

15 Act of 1967 (2 U.S.C. 351 and following) is repealed.

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

17 (1) Paragraph (1) of section 601(a) of the Leg18 islative Reorganization Act of 1946 (2 U.S.C. 31(1))

19 is amended by striking ‘‘shall be’’ through the period

20 and inserting ‘‘shall be the rate determined for such

21 positions under this subsection.’’.

22 (2) The first sentence of section 104 of title 3,

23 United States Code, is amended by striking ‘‘shall

24 be’’ through the period and inserting ‘‘shall be the
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1 rate determined for such position under this sec2 tion.’’.

3 (3) Sections 5312 through 5316 of title 5,

4 United States Code, are each amended by striking

5 ‘‘shall be’’ through the colon and inserting ‘‘shall be

6 the rate determined with respect to such level under

7 section 5318:’’.

8 (4) Sections 5, 44(d), 135, and 252 of title 28,

9 United States Code, are each amended by striking

10 ‘‘determined under’’ through the period and insert11 ing ‘‘determined under section 461 of this title.’’.

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