[Congressional Record Volume 149, Number 17 (Thursday, January 30, 2003)]
[Senate]
[Pages S1842-S1843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SALARY ADJUSTMENTS FOR JUSTICES AND JUDGES

  Mr. FRIST. Mr. President, I ask unanimous consent that the 
Governmental Affairs Committee be discharged from further consideration 
of S. 101, and that the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 101) to authorize salary adjustments for 
     Justices and judges of the United States for fiscal year 
     2003.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. HATCH. Mr. President, I rise to address the serious matter of pay 
inequity in the Federal judiciary.
  As things stand now, nearly every Federal employee will receive a 
cost of living adjustment during 2003--every employee, that is, except 
Federal judges. This is because of a legislative prescription that 
requires Congress to authorize raises in the salaries of Federal 
judges. Although this COLA of roughly 3 percent may seem small and 
inconsequential, it makes a significant difference in light of the fact 
that Federal judges earn far less than many, if not most, of their 
counterparts in the private sector.
  In his 2002 year-end report, Supreme Court Chief Justice William 
Rehnquist highlighted his concern that salaries of Federal judges have 
not kept pace with those of lawyers in private firms and in business. 
He observed, ``Inadequate compensation seriously compromises the 
judicial independence fostered by life tenure. That low salaries might 
force judges to return to the private sector rather than stay on the 
bench risks affecting judicial performance--instead of serving for 
life, those judges would serve the terms their finances would allow, 
and they would worry about what awaits them when they return to the 
private sector.'' The Chief Rustic lamented, ``Unless the 108th 
Congress acts, judges will not even receive the cost-of-living 
adjustment that nearly every other Federal employee will receive during 
2003.'' He concluded by urging Congress and the President to ``take up 
this issue early in the new year.''
  Today, Mr. President, the Senate is passing a bill that will allow 
Federal judges to receive the COLA that other Federal employees are 
already slated to receive this year. Although the larger issue of 
minimizing the gap between Federal judicial salaries and private sector 
salaries still remains, this small step will resolve the salary 
inequity between Federal judges and other Federal employees. I thank my 
colleagues for joining Senator Leahy and me in supporting this 
bipartisan measure.
  Mr. LEAHY. Mr. President, I am pleased that the Senate is taking up 
and passing both the Senate and House versions of legislation to 
authorize salary adjustments for Justices and judges of the United 
States for fiscal year 2003.
  Here in the Senate, Senator Hatch and I were joined by Senator DeWine 
and Senator Specter to cosponsor legislation to authorize an increase 
in the salaries of Justices and judges of the United States for the 
present fiscal year. House Judiciary Chairman Sensenbrenner was joined 
by that committee's ranking Democratic member, Congressman Conyers, and 
others to introduce identical legislation.
  As a member of both the Senate Judiciary Committee and the 
Appropriations Subcommittee on Commerce,

[[Page S1843]]

Justice, State and the Judiciary, I have worked hard to help preserve a 
fair and independent judiciary. I am disappointed that the Continuing 
Resolutions approved by Congress failed to give the Federal judiciary a 
cost-of-living adjustment COLA for fiscal year 2003.
  In 1975, Congress enacted the Executive Salary Cost-of-Living 
Adjustment Act, intended to give judges, Members of Congress and other 
high-ranking Executive Branch officials automatic COLAs as accorded 
other Federal employees unless rejected by Congress. In 1981, Congress 
enacted Section 140 of Public Law 97-92, mandating specific 
congressional action to give COLAs to judges. During the 21 years of 
Section 140's existence, Congress has always accorded to the Federal 
judiciary co-equal respect by suspending Section 140 whenever Congress 
has granted to itself and other Federal employees a COLA. With the end 
of the last Congress, however, the continuing resolutions providing 
funding failed to suspend Section 140, thus ensuring that no COLA would 
be provided for Federal judges during the current fiscal year, unless 
other action is taken.
  The bipartisan and bicameral legislation before us provides for a 
COLA for Federal judges consistent with the law and with fairness.
  Over the past year and one half as Judiciary Committee Chairman, I 
have been honored to lead the Committee in holding hearings on 103 of 
President Bush's judicial nominees, some of whom proved to be quite 
controversial and divisive. Last year the Committee voted on 102 
nominees and reported 100 out of Committee favorably. The full 
Democratic-led Senate took the final step of confirming 100 judges in 
just 17 months. This remarkable record compares most favorably to the 
38 judicial confirmations averaged per year during the 6\1/2\ years 
when the Republicans previously controlled the Senate. In addition, the 
21st Century Department of Justice Appropriations Authorization Act we 
passed last Congress created or extended 20 Federal judgeships, more 
than were created during the 6\1/2\ years that the Republican party 
controlled the Senate. In his end of the year report, the Chief Justice 
of the United States noted these accomplishments and thanked the Senate 
for its actions. I appreciate his kind words.
  I look forward to Senate passage of the House and Senate bills to 
authorize salary adjustments for Justices and judges of the United 
States for fiscal year 2003. I hope the President will promptly sign 
our legislation into law.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 101) was read the third time and passed, as follows:

                                 S. 101

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORIZATION OF SALARY ADJUSTMENTS FOR FEDERAL 
                   JUSTICES AND JUDGES.

       Pursuant to section 140 of Public Law 97-92, Justices and 
     judges of the United States are authorized during fiscal year 
     2003 to receive a salary adjustment in accordance with 
     section 461 of title 28, United States Code.

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