[Congressional Record Volume 147, Number 20 (Tuesday, February 13, 2001)]
[House]
[Page H279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         INTRODUCTION OF FEDERAL JUDICIAL FAIRNESS ACT OF 2001

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Illinois (Mrs. Biggert) is recognized for 5 minutes.
  Mrs. BIGGERT. Mr. Speaker, I rise today to introduce the Federal 
Judicial Fairness Act of 2001.
  This morning, the American Bar Association and the Federal Bar 
Association released a report detailing a fundamental problem that has 
been escalating over the past decade, the erosion of fair and adequate 
compensation for the Federal judiciary.
  These two well-respected groups found that the current salaries of 
Federal judges have reached such a level of inadequacy and quality that 
the independence of the third branch of our Federal Government is 
threatened. I agree with these findings.
  Since 1993, Congress has granted Federal judges only three of a 
possible nine cost-of-living adjustments, leaving our judges with a 
13.4 percent decline in purchasing power. Not coincidentally, 54 
Federal District Court and Circuit Court judges have left the bench in 
the 1990s, compared to only three during the entire 1960s.
  Yes, the salaries of Federal judges are higher than the average 
salary in many occupations. But, yes, the salaries that our Federal 
judges could earn in the private sector could be exponentially higher 
than what they earn as judges.
  No individual agrees to serve in the Federal judiciary because of the 
pay. Individuals seek and accept nominations to the bench because they 
want to serve their country. But this does not mean that they should 
forego fair compensation for their critical work. It should be 
Congress' goal to ensure that the judges can afford to commit to public 
service and make certain that the judiciary is not open only to those 
with the financial means to do so.
  Absent a change in the way we compensate these judges, I fear that 
the superior quality of our Federal judicial system may deteriorate 
over time.
  This is why I am introducing the Federal Judiciary Fairness Act. The 
bill restores the six cost-of-living adjustments that Congress failed 
to grant the Federal judiciary in the 1990s, amounting to an immediate 
9.6 percent salary increase.
  My bill also fixes the annual pay adjustment problems for Federal 
judges. Unlike other Federal employees, Members of Congress and the 
President's Cabinet, Federal judges receive a COLA only if Congress 
specifically authorizes it. Under the Federal Judiciary Fairness Act, 
Federal judges will receive an annual COLA not subject to the approval 
of Congress. The size of the COLA would be determined by the Employment 
Cost Index, but it would not be larger than one received by other 
Federal employees under the General Schedule pay rate.
  Together, these provisions will do much to remedy a problem, 
disparity in pay between the private and public sectors, that plagues 
one of the three branches of the Federal Government. But, Mr. Speaker, 
this legislation is about more than just fairly compensating the 
individuals who sit on the Federal bench. We must ensure that our 
Federal judiciary can attract and retain the best and the brightest. 
Passing the Federal Judicial Fairness Act is a small but important step 
in achieving this goal.
  I want to thank my colleagues, the gentleman from Mississippi (Mr. 
Wicker) and the gentleman from Virginia (Mr. Davis), for agreeing to be 
original cosponsors of this legislation; and I urge all my colleagues 
to support the Federal Judicial Fairness Act.

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