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B-200923 1 (1982-11-23)

handle is hein.gao/gaobadksw0001 and id is 1 raw text is: 

THE COLMPTROLLIZI G-ENERAL
OF THI UNITED STATES
WASHINGTON, D.C. 2054a


FILE: B-200923


DATE:   November 23, 1982


MATTER OF: Federal Judges - Applicability of
             October 1982 Pay Increase


Question presented is entitlement of
Federal judges to 4 percent compara-
bility adjustment granted to General
Schedule employees in October 1982.
Section 140 of Public Law 97-92 bars
pay increases for Federal judges
except as specifically authorized by
Congress. Since section 140, a pro-
vision in an appropriations act,
constitutes permanent legislation,
Federal judges are not entitled to a
comparability increase on October 1,
1982, in the absence of specific
congressional authorization.


ISSUE


     The issue presented is whether section 140 of
Public Law 97-92 precludes a comparability adjustment
of 4 percent on the salaries of Federal judges. We
hold that since section 140 is permanent legislation
and since it precludes pay increases for Federal
judges unless specifically authorized by Act of
Congress, Federal judges are not entitled to a com-
parability adjustment of 4 percent effective on
October 1, 1982, in the absence of specific congres-
sional authorization.

                      BACKGROUNOD

     This decision is in response to a request from
the Honorable William E. Foley, Director, Administra-
tive Office of the United States Courts. The
Administrative Office seeks reconsideration of our
letter of October 1, 1982, D-200923, to the Chairmen
of the Senate and iouse Appropriations Committees in
which we interpreted section 140 of Public Law 97-92
as permanent legislation precluding any comparability
adjustment to the salaries of Federal judges unless
the increases are specifically authorized by the
Congress.




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