[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Page S15509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING SALARY ADJUSTMENTS FOR JUSTICES AND JUDGES OF THE UNITED 
                                 STATES

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 371, H.R. 3349.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3349) to authorize salary adjustments for 
     Justices and judges of the United States for fiscal year 
     2004.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased that the Senate is taking up 
and passing legislation to authorize salary adjustments for Justices 
and judges of the United States for fiscal year 2004.
  As a member of both the Senate Judiciary Committee and the 
Appropriations Subcommittee on Commerce, Justice, State and the 
Judiciary, I have worked hard to help preserve a fair and independent 
judiciary. I have repeatedly introduced and cosponsored legislation to 
give our Federal judges meaningful and significant pay raises. I have 
been disappointed that the Continuing Resolutions approved by Congress 
fail to give the Federal judiciary even a cost-of-living adjustment, 
COLA.
  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 coequal 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.
  In April of this year, I introduced legislation to respond to the 
shortfall in real judicial compensation, to repeal the link of judicial 
pay to congressional pay, to improve survivorship benefits, and to 
instill greater public confidence in our courts. This legislation would 
have obviated the annual need to pass judicial cost of living 
adjustments. Unfortunately, the Fair and Independent Judiciary Act of 
2003 was never put on the agenda in committee for consideration.
  I hope we can all agree that the Judiciary deserves a cost of living 
adjustment. I look forward to Senate passage of this bill to give our 
federal judges a cost of living adjustment. I hope the President will 
promptly sign our legislation into law.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a 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 (H.R. 3349) was read the third time and passed.

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