House ‘Rejects’ Own Raise in Vote That’s Day Too Late : Issue Likely to End Up in Courts

WASHINGTON —  The House voted against a $12,100 pay raise for members of Congress today, but opponents and supporters alike agreed that the vote was meaningless since the deadline for rejecting the increase expired at midnight.

The House turned down the pay raise for Congress and 3,000 other top-level federal officials in a voice vote that also approved $50 million to aid the homeless.

“What we do today is meaningless,” said Rep. William D. Ford (D-Mich.), a supporter of the pay raise. “In my opinion, the disapproval will have absolutely no effect.”

“The vote taken today has no significance whatsoever,” said an opponent, Rep. Connie Mack (R-Fla.).

Third Senate Vote

Earlier today, the Senate voted by voice vote to repeal the pay raises, its third vote against the salary increases in a week.

Because the midnight deadline had passed, congressional leaders believe that the issue ultimately will be settled in the courts.

A taxpayers group and two congressmen had previously filed a lawsuit challenging the method by which congressional pay raises are enacted, and William Strauss, a lawyer representing the plaintiffs, said today he expects that the lawsuit will be amended to seek repeal of the pay raises.

But no matter what ultimately happens to the $12,100-a-year increase for members of Congress and to the increases for federal officials, federal judges appeared almost sure of having the increase stick for them.

Judges’ Pay Can’t Be Cut

The Constitution says once a judge’s salary is raised it cannot be lowered, although that too could be open to court interpretation, since the rejection came before the increase actually takes effect, March 1.

Denouncing the tactics which allowed the raise to take effect without an up-or-down vote, Rep. Thomas E. Petri (R-Wis.) said, “The House leadership acted like a thief in the night, skulking away with its ill-gotten gains.”

The House had searched at length for a way to secure a raise for lawmakers, setting their pay at $89,500 annually--up from $77,400--after the Senate disapproved the increase last week and then forced House action by tying the sensitive issue to homeless aid.

Under the law, both the House and Senate would have had to disapprove the increase by midnight Tuesday to keep it from taking effect.

House Adjourned Early

House leaders adjourned early Tuesday afternoon rather than risk a vote before the midnight deadline. When House Majority Leader Thomas S. Foley (D-Wash.) motioned for adjournment, opponents quickly called for a vote but lost 221 to 17. Mack tried to force a roll call vote on the adjournment, but presiding officer Rep. Steny H. Hoyer (D-Md.) pounded his gavel and refused to recognize Mack.

Mack denounced the “smoke screen” and said “we’ve lost credibility” through such back-door maneuvering.

Consumer advocate Ralph Nader said the maneuver “added treachery to their arrogant and avaricious behavior” and warned that the public outcry would force Congress to relent.

Pay raises historically have been a political nightmare for lawmakers, a Catch-22 in which many of them want the extra money but are fearful of the consequences at the ballot box.

Excluding cost-of-living increases, Congress last got substantial pay raises in 1982-1983. The House in late 1982 voted itself a 15% raise, and the Senate followed suit in 1983, bringing congressional salaries at that point to $69,800.