[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[House]
[Pages H9862-H9863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZATION OF SALARY ADJUSTMENTS FOR FEDERAL JUSTICES AND JUDGES
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 5363) to authorize salary adjustments for Justices and
judges of the United States for fiscal year 2005.
The Clerk read as follows:
H.R. 5363
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
2005 to receive a salary adjustment in accordance with
section 461 of title 28, United States Code.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr.
Conyers) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 5363, the bill
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 5363 to provide a cost-of-
living adjustment for Federal judges in fiscal year 2005.
By way of background, Congress enacted the Executive Salary Cost-of-
Living Adjustment Act in 1975, which was intended to give judges,
Members of Congress and high-ranking executive branch officials
automatic COLAs accorded other Federal employees unless rejected by
Congress. In 1981, Congress amended the statute by enacting section 140
of Public Law 97-92, which requires specific congressional action to
grant judges a COLA.
Mr. Speaker, the legislation before us is based on the template set
forth in H.R. 3349, now Public Law 108-167. That law satisfied the
section 140 requirement and thereby enabled judges to receive a COLA
this past fiscal year. H.R. 5363 accomplishes the same purpose for
fiscal year 2005.
H.R. 5363 will ensure that Federal judges receive a COLA when other
civil servants, including Members of Congress, receive theirs. The
legislation will assist in the administration of justice in our Federal
courts and is otherwise noncontroversial. I urge its adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
This is a great day in the Federal system where we on the Committee
on the Judiciary have decided to authorize a COLA for the members of
the Federal judicial system in America. Now, there are only a couple of
problems here, and I, of course, enthusiastically support H.R. 5363.
The first is that those who work in the administrative office of the
courts, those who work for the Federal judges, now enjoy greater
salaries than the judges themselves.
The second thing is that, under the system that we are implementing,
Article III, section 1 of the Constitution, the fact of the matter is
that the failure to provide past cost-of-living adjustments to our
Federal judiciary has, in the last decade, resulted in an economic
reduction in salary in the equivalent amount of $77,000, and so we are
now faced with a crisis of dozens, six dozen, judges having left the
judiciary in the past several years.
I think it is obvious to all that it is hard to continue to maintain
a qualified and independent judiciary if we are not paying them a just
wage.
Having said this, we have brought this measure forward, not a moment
too soon, to provide for them a cost-of-living adjustment for the
present term.
So I enthusiastically join the gentleman from Wisconsin (Chairman
Sensenbrenner) in supporting this measure.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H.R.
5363, a bill authorizing cost-of-living salary adjustments for justices
and judges of the federal courts for fiscal year 2005 that has been
introduced by Chairman Jim Sensenbrenner and co-sponsored by Ranking
Member John Conyers of the Judiciary Committee. The bill would provide
for a 2.5 percent adjustment of federal judiciary salaries. I thank the
Chairman for his leadership in bringing this very important matter to
the floor. In 1981, Congress passed a Joint Resolution Making Further
Continuing Appropriations for FY 1982, and Section 140 of that
legislation read as follows:
Notwithstanding any other provision of law or of this joint
resolution [Pub. L. 97-92], none of the funds appropriated by this
joint resolution or by any other Act shall be obligated or expended to
increase, after the date of enactment of this joint resolution [Dec.
15, 1981], any salary of any Federal judge or Justice of the Supreme
Court, except as may be specifically authorized by Act of Congress
hereafter enacted: Provided, That nothing in this limitation shall be
construed to reduce any salary which may be in effect at the time of
enactment of this joint resolution nor shall this limitation be
construed in any manner to reduce the salary of any Federal judge or of
any Justice of the Supreme Court. This section shall
[[Page H9863]]
apply to fiscal year 1981 and each fiscal year thereafter. (Emphasis
added).
This provision placed a severe limitation on the cost-of-living
adjustments--and therefore the financial well-being of judges by
requiring specific implementing legislation before a salary increase
could be made under the current Section 461 of Title 28 in the United
States Code.
Article III, Section 1 of the United States Constitution provides
that ``The Judges . . . shall . . . receive for their Services, a
Compensation, which shall not be diminished during their Continuance in
Office.'' Over the past ten years though, this body has failed to
provide federal judges with annual cost-of-living adjustments (COLA),
and as a result, these officers have faced the economic equivalent of a
$77,000 reduction in salary. In the last 30 years, while average pay
has increased by 12% for most workers, it has decreased by 25% for
federal judges. Federal judges make a lifetime commitment to serve the
public. This legislation will help them to plan their financial futures
with assurance that their pay is commensurate with the cost-of-living
increases for this year.
Under the current pay schedule, federal district court judges earn
$150,000 per year. This is far, far less than they could earn in
private practice and is even less than an associate right out of law
school earns in New York City. Our federal judiciary will not attract
the kind of high caliber legal minds that are needed if the
compensation is not maintained in a reasonable fashion.
It has gotten so bad that employees of the Administrative Office of
Courts--who work for the federal judges--now enjoy greater salaries
than the judges themselves. This is the equivalent of congressional
staff earning more than Congressmen. It is no wonder that federal
judges are leaving in droves, with nearly six dozen judges leaving over
the last several years.
There can be no doubt of the value and importance of ensuring that
our federal judges are fairly compensated. The federal judiciary is the
crux of our democracy. Without the wisdom of some of the great judicial
scholars of the past, many of--women, African-Americans and all
minorities, immigrants, disabled, and others, would not enjoy the
fundamental civil liberties that we do today. We are a long way from a
completely fair and equal society, but without the best and brightest
legal minds, we will never make it to that goal.
If there is any single idea in the Constitution that has separated
our experiment in democracy from all other nations, it is the concept
of an independent judiciary.
The Founding Fathers, in their great wisdom, created a system of
checks and balances, granting independent judges not only lifetime
tenure, but the right to an undiminished salary. It is no surprise that
over the years, the federal judiciary, more than any other branch, has
served as the protector of our precious civil rights and civil
liberties. I agree with Alexander Hamilton that the ``independent
spirit of judges'' enables them to stand against the ``ill humors of
passing political majorities.''
We cannot have a qualified and independent judiciary if we don't pay
them a just wage. Chief Justice Rehnquist has declared that ``providing
adequate compensation for judges is basic to attracting and retaining
experienced, well-qualified and diverse men and women.'' Justice Breyer
was even blunter when he stated, ``the gulf that separates judicial pay
from compensation in the non-profit sector, in academia, and in the
private sector grows larger and larger . . . and threatens irreparable
harm both to the institution and the public it serves.''
The bill before us responds to that problem granting the judiciary a
COLA retroactive to the start of the last fiscal year. I consider this
to be a modest down payment in developing a more rationale and fair
system of compensating our federal judges.
I urge my colleagues to join this Committee in supporting this
important legislation. Mr. Speaker, I ask that my colleagues vote
``yes'' on H.R. 5363.
Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and pass the bill, H.R. 5363.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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