Legislative, Executive, and Judicial Officials: Process for Adjusting Pay and Current Salaries
Released: 2011-02-09T00:00:00

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. 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). 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). The adjustment cannot, however, be less than zero or greater than 5%. 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."

The legislative, executive, and judicial officials are all hereafter referred to as federal officials in this report.

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%. 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).

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 federal officials paid on the EX schedule received the 1.7% pay increase. Section 115 of P.L. 110-5 denied the Members a pay adjustment in 2007. 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 occurred.

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

Adjustment was 2.8%. The adjustment for legislative and executive officials was provided in P.L. 110-329 , the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 ( H.R. 2638 ) enacted on September 30, 2008 (which provided funds for government operations from October 1, 2008, through March 6, 2009), and H.R. 1105 , Omnibus Appropriations Act, 2009, passed by the House of Representatives on February 25, 2009, on a 245-178 (Roll No. 86) vote and the Senate on March 10, 2009, by voice vote, and signed by President Obama on March 11, 2009 (which provides funds for government operations through September 30, 2009). Division D, Title III, Section 310 of H.R. 1105 authorized the adjustment for justices and judges.

2010

Projected adjustment was 2.1%. Adjustment was 1.5%, the same as the GS base pay adjustment. The Vice President and federal officials paid on the EX schedule received the 1.5% pay increase. Section 103 of Division J of P.L. 111-8 denied the Members a pay adjustment in 2010. Justices and judges did not receive a pay adjustment because Congress did not authorize it as required by law. S. 1432 , to provide the 2010 authorization, was reported to the Senate by the Committee on Appropriations ( S.Rept. 111-43 ) on July 9, 2009, but no further action occurred.

2011

Projected adjustment was 0.9%. This was the same as the January 2011 base pay adjustment required under the Federal Employees Pay Comparability Act of 1990 for federal civilian white-collar employees paid under the GS. P.L. 111-165 denied the Members a pay adjustment in 2011. The Vice President, federal officials paid on the EX schedule, and justices and judges also did not receive a pay adjustment in January 2011 because GS base pay was not adjusted (Title I, Section 1(a)(2) of P.L. 111-322 , December 22, 2010). The Budget of the U.S. Government included President Barack Obama's order to freeze pay for senior political officials— the Vice President; individuals serving in EX positions or in positions whose rate of pay is fixed by statute at an EX level and serving at the pleasure of the President or other appointing official; a chief of mission or ambassador at large; a noncareer appointee in the Senior Executive Service; any employee whose rate of basic pay (including locality payments) is at or above EX level IV who serves at the pleasure of the appointing official; and senior White House staff with salaries of more than $100,000. The budget also reiterated that the policy prohibiting political appointees from receiving bonuses continued.

2012

Projected adjustment would have been 1.3%. This adjustment would have been limited to 1.1%, the January 2012 base pay adjustment required under the Federal Employees Pay Comparability Act of 1990 for federal civilian white-collar employees paid under the GS. GS base pay is frozen through December 31, 2012, so Members of Congress, the Vice President, federal officials paid on the EX schedule, and justices and judges will not receive a pay adjustment in January 2012 (Title I, Section 1(a)(2) of P.L. 111-322 , December 22, 2010).

Table 1 , below, shows the salaries for federal officials from January 2004 to January 2011.

Judicial Pay Bill in the 111th Congress

The Federal Judicial Fairness Act of 2009, S. 2725 was introduced, but saw no further action, in the 111th Congress. Introduced by Senator Dianne Feinstein on November 3, 2009, and referred to the Senate Committee on the Judiciary, the bill would have repealed 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 also would have amended 28 U.S.C. §461(a) to provide that justices and judges would receive the same overall average percentage pay adjustment as is authorized each year for the GS, the pay schedule that covers federal white-collar civilian employees in pay grades GS-1 through GS-15.

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. 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; $119,554, salary became effective in January 2010) to either EX Level III ($165,300, salary became effective in January 2010) 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 ($179,700, salary became effective in January 2010) in agencies whose performance appraisal systems have been so certified. Total compensation 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 ($230,700, salary became effective in January 2010) and up to EX Level I ($199,700, salary became effective in January 2010) in agencies whose performance appraisal systems have not been so certified. Table 2 , below, shows January 2004 through January 2011 salaries for the SES.

The minimum rate of basic pay for certain senior-level positions—positions classified above GS-15 (SL pay schedule) and scientific or professional positions (ST pay schedule)—is 120% of the minimum rate of basic pay for GS-15 ($119,554, salary became effective in January 2010). 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 ($179,700, salary became effective in January 2010). 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 ($165,300, salary became effective in January 2010). SL and ST employees no longer 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 ($230,700, salary became effective in January 2010) and up to EX Level I ($199,700, salary became effective in January 2010) in agencies whose performance appraisal systems have not been so certified.

Table 3 , below, shows January 2004 through January 2009 salaries for SL and ST employees in the Washington, DC, and "Rest of the United States" locality pay areas and nationwide for January 2010 and January 2011.

General Schedule GS-15 Positions

The 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.

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 ($145,700, salary became effective in January 2010); basic pay and locality pay combined cannot exceed EX Level IV ($155,500, salary became effective in January 2010); and total compensation cannot exceed EX Level I ($199,700, salary became effective in January 2010). GS-15 employees at the upper end of that pay grade in 18 locality pay 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 Dallas-Fort Worth, TX; Denver-Aurora-Boulder, CO; Miami-Fort Lauderdale-Pompano Beach, FL; Minneapolis-St. Paul-St. Cloud, MN-WI; Philadelphia-Camden-Vineland, PA-NJ-DE-MD; Portland-Vancouver-Beaverton, OR-WA; Sacramento­ Arden-Arcade­ Yuba City, CA-NV; and Seattle-Tacoma-Olympia, WA, locality pay areas. Employees at steps 9 and 10 in the Boston-Worcester-Manchester, MA-NH-RI-ME; Chicago-Naperville-Michigan City, IL-IN-WI; Detroit-Warren-Flint, MI; Hartford-West Hartford-Willimantic, CT-MA; San Diego-Carlsbad-San Marcos, CA; and Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA, locality pay areas. Employees at steps 8, 9, and 10 in the Houston-Baytown-Huntsville, TX; Los Angeles-Long Beach-Riverside, CA; and New York-Newark-Bridgeport, NY-NJ-CT-PA, locality pay areas. Employees at steps 6, 7, 8, 9, and 10 in the San Jose-San Francisco-Oakland, CA, locality pay area.

Table 4 , below, shows January 2004 through January 2011 salaries for employees at GS grade 15 in the Washington, DC, and "Rest of the United States" locality pay areas.