US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 461

Adjustments in certain salaries

(a)
(1)
section 5303 of title 5 Subject to paragraph (2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under in the rates of pay under the General Schedule (except as provided in subsection (b)), each salary rate which is subject to adjustment under this section shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100) equal to the percentage of such salary rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.
(2)
section 5303 of title 5 In no event shall the percentage adjustment taking effect under paragraph (1) in any calendar year (before rounding), in any salary rate, exceed the percentage adjustment taking effect in such calendar year under in the rates of pay under the General Schedule.
(b)
Subsection (a) shall not apply to the extent it would reduce the salary of any individual whose compensation may not, under section 1 of article III of the Constitution of the United States, be diminished during such individual’s continuance in office.

Pub. L. 94–82, title II, § 205(a)(1)89 Stat. 422 Pub. L. 101–194, title VII, § 704(a)(2)(A)103 Stat. 1769 Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(J)]104 Stat. 1427 Pub. L. 103–356, title I, § 101(4)108 Stat. 3411 (Added , , ; amended , , ; , , , 1440; , , .)

Editorial Notes

References in Text

section 5332 of Title 5The General Schedule, referred to in subsec. (a), is set out under , Government Organization and Employees.

section 704(a)(1) of Pub. L. 101–194section 5318 of Title 5Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a)(1), is , which is set out as a note under .

Amendments

Pub. L. 103–3561994—Subsec. (a). designated existing provisions as par. (1), substituted “Subject to paragraph (2), effective” for “Effective”, and added par. (2).

Pub. L. 101–5091990—Subsec. (a). substituted “5303” for “5305”.

Pub. L. 101–1941989—Subsec. (a). substituted “corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect” for “corresponds to the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustments in the rates of pay under such Schedule.”

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–356, title I, § 101108 Stat. 3410 , , , provided that the amendment made by that section is effective as of .

Effective Date of 1990 Amendment

Pub. L. 101–509Pub. L. 101–509section 5301 of Title 5Amendment by effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under , Government Organization and Employees.

Effective Date of 1989 Amendment

Pub. L. 101–194section 704(b) of Pub. L. 101–194section 5318 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Pub. L. 111–8References to “this Act” in Div. D of

Pub. L. 111–8, div. D, title VII, § 750123 Stat. 693

123 Stat. 649 123 Stat. 695 “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV [] or VIII [] shall not apply to such title IV or VIII.”
, , , provided that:

Pub. L. 110–161References to “this Act” in Div. D of

Pub. L. 110–161, div. D, title VII, § 749121 Stat. 2035

121 Stat. 1990 121 Stat. 2035 “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV [] or VIII [] shall not apply to such title IV or VIII.”
, , , provided that:

Salary Adjustments

Pub. L. 111–8, div. D, title III, § 310123 Stat. 649

section 140 of Public Law 97–92Pub. L. 111–8section 750 of Pub. L. 111–828 U.S.C. 461“Pursuant to [set out below], and from funds appropriated in this Act [div. D of , see Tables for classification and see , set out as a note above], Justices and judges of the United States are authorized during fiscal year 2009, to receive a salary adjustment in accordance with .”
, , , provided that:

Pub. L. 110–161, div. D, title III, § 305121 Stat. 1989

section 140 of Public Law 97–92Pub. L. 110–161section 749 of Pub. L. 110–16128 U.S.C. 461“Pursuant to [set out below], and from funds appropriated in this Act [div. D of , see Tables for classification and see , set out as a note above], Justices and judges of the United States are authorized during fiscal year 2008, to receive a salary adjustment in accordance with .”
, , , provided that:

Pub. L. 109–115, div. A, title IV, § 405119 Stat. 2470

section 140 of Public Law 97–92Pub. L. 109–11528 U.S.C. 461“Pursuant to [set out below], and from funds appropriated in this Act [div. A of , see Tables for classification], Justices and judges of the United States are authorized during fiscal year 2006, to receive a salary adjustment in accordance with .”
, , , provided that:

Pub. L. 108–491, § 1118 Stat. 3973

section 140 of Public Law 97–92section 461 of title 28“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 2005 to receive a salary adjustment in accordance with , United States Code.”
, , , provided that:

Pub. L. 108–447, div. B, title III, § 306118 Stat. 2895

section 140 of Public Law 97–92Pub. L. 108–44728 U.S.C. 461“Pursuant to [set out below], and from funds appropriated in this Act [div. B of , see Tables for classification], Justices and judges of the United States are authorized during fiscal year 2005, to receive a salary adjustment in accordance with .”
, , , provided that:

Pub. L. 108–167117 Stat. 2031

section 140 of Public Law 97–92section 461 of title 28“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 2004 to receive a salary adjustment in accordance with , United States Code.”
, , , provided that:

Pub. L. 108–6, § 1117 Stat. 10

section 140 of Public Law 97–92section 461 of title 28“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 2003 to receive a salary adjustment in accordance with , United States Code.”
, , , provided that:

Pub. L. 107–77, title III, § 305115 Stat. 783

section 140 of Public Law 97–9228 U.S.C. 461“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 2002, to receive a salary adjustment in accordance with ”.
, , , provided in part that:

Pub. L. 106–553, § 1(a)(2) [title III, § 309]114 Stat. 2762

section 140 of Public Law 97–9228 U.S.C. 461Pub. L. 101–1945 U.S.C. 5318section 5303 of title 5“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 2001, to receive a salary adjustment in accordance with , only if for the purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [] ( note), adjustments under , United States Code, shall take effect in fiscal year 2001”.
, , , 2762A–89, provided that:

Pub. L. 106–113, div. B, § 1000(a)(1) [title III, § 304]113 Stat. 1535

section 140 of Public Law 97–9228 U.S.C. 461“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 2000, to receive a salary adjustment in accordance with ”.
, , , 1501A–36, provided in part that:

Pub. L. 105–119, title III, § 306111 Stat. 2493

section 140 of Public Law 97–9228 U.S.C. 461“Pursuant to [set out below], justices and judges of the United States are authorized during fiscal year 1998, to receive a salary adjustment in accordance with ”.
, , , provided in part that:

Pub. L. 102–395, title III, § 304106 Stat. 1859

section 140 of Public Law 97–9228 U.S.C. 461“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 1993, to receive a salary adjustment in accordance with .”
, , , provided that:

Pub. L. 102–140, title III, § 305105 Stat. 810

section 140 of Public Law 97–9228 U.S.C. 461“Pursuant to [set out below], Justices and judges of the United States are authorized during fiscal year 1992, to receive a salary adjustment in accordance with .”
, , , provided that:

Pub. L. 101–520, title III, § 321104 Stat. 2285

section 140 of Public Law 97–92“Pursuant to [set out below], Justices and judges of the United States are authorized during calendar year 1991 to receive a salary adjustment in accordance with 28 U.S.C. section 461.”
, , , provided that:

Pub. L. 101–194, title VII, § 703(a)(3)103 Stat. 1768 section 5318 of Title 5, , , set out as a note under , Government Organization and Employees, provided that effective the first day of the first applicable pay period that begins on or after , the rate of basic pay for the Chief Justice of the United States, an associate justice of the Supreme Court of the United States, a judge of a United States circuit court, a judge of a district court of the United States, and a judge of the United States Court of International Trade shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100).

section 140 of Pub. L. 97–92section 702(a) of Pub. L. 101–194section 620(b) of Pub. L. 100–4405 U.S.C. 5303section 619(b) of Pub. L. 101–1365 U.S.C. 5303section 702 of Pub. L. 101–194section 5303 of Title 5For purposes of (set out below), appropriate salary increases were authorized for Federal judges and Justices of the Supreme Court pursuant to which provided that effective for pay periods beginning on or after , the rate of basic pay for any office or position in the judicial branch of the Government shall be determined as if ( note) and ( note) had never been enacted, see , set out as a note under .

Pub. L. 100–202, § 101(a) [title IV, § 406]101 Stat. 1329

section 140 of Public Law 97–925 U.S.C. 5305“Pursuant to [set out below], during fiscal year 1988, justices and judges of the United States shall receive the same percentage increase in salary accorded to employees paid under the General Schedule (pursuant to ).”
, , , 1329–26, provided that:

Pub. L. 99–500, § 101(b) [title IV, § 406]100 Stat. 1783–39 Pub. L. 99–591, § 101(b) [title IV, § 406]100 Stat. 3341–39

section 140 of Public Law 97–925 U.S.C. 5305“Pursuant to [set out below], during fiscal year 1987, justices and judges of the United States shall receive the same percentage increase in salary accorded to employees paid under the General Schedule (pursuant to ).”
, , , 1783–64, and , , , 3341–64, provided that:

Pub. L. 99–88, title I, § 10099 Stat. 310

section 461 of title 28section 5305 of title 5“Effective on the first day of the first applicable pay period commencing on or after , each rate of pay subject to adjustment by , United States Code, shall be increased by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the overall percentage of the adjustment taking effect under , United States Code, in the rates of pay under the General Schedule during fiscal year 1985.”
, , , provided in part that:

Pub. L. 98–369, div. B, title II, § 220798 Stat. 1060

section 461 of title 28section 5305 of title 5“Effective on the first day of the first applicable pay period commencing on or after , each rate of pay subject to adjustment by , United States Code, shall be increased by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the overall percentage of the adjustment taking effect under , United States Code, in the rates of pay under the General Schedule during fiscal year 1984.”
, , , provided that:

Specific Congressional Authorization Required for Salary Increases for Federal Judges and Justices of the Supreme Court

Pub. L. 97–92, § 14095 Stat. 1200 Pub. L. 107–77, title VI, § 625115 Stat. 803

Pub. L. 97–92Provided“Notwithstanding any other provision of law or of this joint resolution [], none of the funds appropriated by this joint resolution or by any other Act shall be obligated or expended to increase, after the date of enactment of this joint resolution [], any salary of any Federal judge or Justice of the Supreme Court, except as may be specifically authorized by Act of Congress hereafter enacted: , That nothing in this limitation shall be construed to reduce any salary which may be in effect at the time of enactment of this joint resolution nor shall this limitation be construed in any manner to reduce the salary of any Federal judge or of any Justice of the Supreme Court. This section shall apply to fiscal year 1981 and each fiscal year thereafter.”
, , , as amended by , , , provided that:

Salary Rate Limitations on Use of Funds

section 101(e) of Pub. L. 97–276section 5318 of Title 51982—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see , as amended, set out as a note under , Government Organization and Employees.

Pub. L. 97–92section 5318 of Title 51981—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of , set out as a note under .

section 101(c) of Pub. L. 96–536section 5318 of Title 51980—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see , as amended, set out as a note under .

section 304 of Pub. L. 95–391section 101 of Pub. L. 96–86section 5318 of Title 51979—Applicability to funds appropriated by any Act for fiscal year ending , of limitation of on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see , set out as a note under .

section 304 of Pub. L. 95–391section 613 of Pub. L. 95–429section 5318 of Title 51978—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see and , set out as a note under .

1977 Comparability Adjustment Not Effective for Justices, Judges, Commissioners, and Referees

Pub. L. 95–66, § 1(3)91 Stat. 270 section 5318 of Title 5Pub. L. 95–66, , , set out as a note under , Government Organization and Employees, provided that the first adjustment which, but for the enactment of , would have been made in the salary and rate of pay of justices, judges, commissioners, and referees under this section after , would not take effect.