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B-200923 1 (1983-05-06)

handle is hein.gao/gaobadlcx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION tr . OF THE UNITED STATES SWASHINGTON. 0. C. 20548 FILE: B-200923 DATE: May 6, 1983 MATTER OF: Federal Judges II - Entitlement to December 1982 Comparability Pay Increase DIGEST: Question presented is entitlement of Federal judges to 4 percent comparability increase under section 129 of Public Law 97-377, December 21, 1982. Section 140 of Public Law 97-92 bars pay increases for Federal judges except as specifically authorized by Congress. We conclude that the language of section 129(b) of Public Law 97-377, combined with specific intent evidenced in the legislative history, con- stitutes the specific congressional authorization for a pay increase for Federal judges. The issue in this decision is whether section 129 of Public Law 97-377, December 21, 1982, 96 Stat. 1830, 1914, provides specific congressional authorization for a pay increase for Federal judges as required by section 140 of Public Law 97-92, December 15, 1981, 95 Stat. 1183. We hold that the language of section 129(b) along with the legisla- tive history of the provision constitutes the requisite specific congressional authorization for a 4 percent com- parability pay increase for Federal judges. BACKGROUND This decision is in response to a request from the Honorable John P. East, United States Senate, concerning a recent pay increase for Federal judges. Senator East notes that in January 1983, Federal judges received a 4 percent pay increase based on the language and legislative history of section 129 of Public Law 97-377. Senator East argues that the language of section 129 does not specifically authorize a pay increase for Federal judges and that, since section 129 is not ambiguous, no reference to the legisla- tive history is permitted. He contends further that the language of section 129 presupposes a pay increase of 27.2 percent which ilt then limited to 15 percent, but since Federal judges do not receive automatic pay increases, this language does not authorize a pay increase for Federal judges. Finally, Senator East argues that, even if the <n- -: /

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