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B-200923 1 (1986-02-27)

handle is hein.gao/gaobadmev0001 and id is 1 raw text is: TE COMPTROLLER GENERAL OmCISION OP THE UNITEO STATES WAUHINGTON. O.C. 20548 UNIT l FILE: B-200923 DATE: February 27, 1986 MATTER OF: Federal Judges IV - Reexamination of Appropriations Rider Limitation on Pay Increases DIQEST: Federal judge requests reexamination of prior decisions concerning effect of section 140 of Public Law 97-92, an amendment which bars pay increases for federal judges except as specifi- cally authorized by Congress. Although the sponsor of section 140 now says that the amendment was not intended to be permanent legislation but was to expire with the appropriation act to which it was attached, we hold that section 140 is permanent legislation in view of congressional intent expressed at the time of passage of section 140 and subsequently. Prior decisions are affirmed. ISSUE The issue presented is whether section 140 of Public Law 97-92, December 15, 1981, 95 Stat. 1183, 1200, which precludes pay increases for federal judges unless specifically authorized by Congress, shall continue to be construed as permanent legislation. We hold that, despite newly presented evidence of intent by the sponsor of section 140 that the amendment was not intended to be permanent legislation, section 140 is permanent legislation and federal judges are not entitled to retroactive pay increases unless specifically authorized by an Act of Congress. BACKGROUND This decision is in response to a request from the Honorable Frank M. Coffin, United States Circuit Judge, 03Y49

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