[Congressional Record Volume 149, Number 76 (Wednesday, May 21, 2003)]
[Senate]
[Page S6864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Graham of South Carolina):
  S. 1100. A bill to restore fairness and improve the appeal of public 
service to the Federal judiciary by improving compensation and 
benefits, and to instill greater public confidence in the Federal 
courts; to the Committee on the Judicary.
  Mr. REID. Mr. President, I rise to introduce a bill with the junior 
Senator from South Carolina, Senator Graham, entitled ``Securing 
Judicial Independence Act of 2003.'' This legislation is desperately 
needed to increase the compensation for members of the Federal bench. 
Before I came to work in the United States Congress in 1982, I 
practiced law in my home State of Nevada. I am proud to be a lawyer, 
and I have great respect and appreciation for the practice of law and 
those involved in the judicial process. The very reason there has been 
such a great deal of debate on the Senate floor regarding Federal 
judicial nominations is precisely because these positions are so 
important to the administration of a fair and effective legal system. 
The individuals chosen to serve on our Federal bench make lifetime 
commitments to public service. However, at the same time we have 
vacancies on the bench, the real pay for these jobs has declined 
drastically. The compensation for Federal judges has diminished by 25 
percent in the past three decades. How can we continue to attract the 
``best of the best'' when low salaries are offered for lifetime 
tenures?
  The answer is simple. In order to continue to attract and retain the 
most talented men and women to the Federal bench the salaries must be 
raised. Our forefathers recognized that judicial compensation was 
intricately tied to judicial independence. In 1989, Congress linked the 
salaries of its own members to senior executives and Federal judges. As 
a result, Federal judges did not receive cost of living increases for 
several years in the 1990s. Additionally, even the Justices of our 
highest court, the United States Supreme Court, make far less than 
leaders of educational institutions and not-for-profit organizations. 
Thus, in raising Federal judicial salaries by 25 percent and 
eliminating the annual Congressional authorization of cost of living 
adjustments for Federal judges, this bill helps to secure judicial 
independence. It restores both fairness and the appeal of public 
service to the Federal judiciary by improving compensation. Better 
compensation means better quality judges, and quality judges instill 
greater public confidence in the Federal courts. Our Constitution 
creates lifetime appointments to the Federal bench, and the men and 
women who accept these positions are giving up far more lucrative 
careers. They do this based on a calling to public service and a 
devotion to the administration and adherence of Federal laws. While the 
salaries are not of the level these individuals could demand in the 
private sector, it is only fair they be adequately compensated. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1100

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Securing Judicial 
     Independence Act of 2003''.

     SEC. 2. SALARY ADJUSTMENTS.

       (a) Restoration of Statutory Cost of Living Adjustments.--
     Each salary rate which is subject to adjustment under section 
     461 of title 28, United States Code, is 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 25 percent of that salary rate in effect on 
     the date preceding the date of enactment of this Act.
       (b) Effective Date.--This section shall take effect on the 
     first day of the first applicable pay period beginning on or 
     after the date of enactment of this Act.

     SEC. 3. REPEAL OF ANNUAL CONGRESSIONAL AUTHORIZATION FOR COST 
                   OF LIVING ADJUSTMENT.

       Section 140 of Public Law 97-92 (28 U.S.C. 461 note) is 
     repealed.

     SEC. 4. SURVIVOR BENEFITS UNDER JUDICIAL SYSTEM AND OTHER 
                   SYSTEMS.

       (a) Creditable Years of Service.--Section 376 of title 28, 
     United States Code, is amended--
       (1) in subsection (k)(3), by striking the colon through 
     ``this section''; and
       (2) in subsection (r), by striking the colon through 
     ``other annuity''.
       (b) Notification Period for Survivor Annuity Coverage.--
       (1) In general.--Section 376 (a)(1) of title 28, United 
     States Code, is amended in the matter following subparagraph 
     (G) by striking ``six months'' and inserting ``1 year''.
       (2) Effective date.--This subsection shall take effect on 
     the date of enactment of this Act and apply only to written 
     notifications received by the Director of the Administrative 
     Office of the United States Courts after the dates described 
     under clause (i) or (ii) in the matter following subparagraph 
     (G) of section 376 (a)(1) of title 28, United States Code.
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