[Congressional Record Volume 152, Number 121 (Monday, September 25, 2006)]
[House]
[Pages H6961-H6962]
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. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 5454) to authorize salary adjustments for Justices and 
judges of the United States for fiscal year 2007.
  The Clerk read as follows:

                               H.R. 5454

       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 97-72, Justices and 
     judges of the United States are authorized during fiscal year 
     2007 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 Maryland (Mr. Van 
Hollen) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             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 materials on H.R. 5454 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. 5454, to provide a cost-of-
living adjustment for Federal judges in fiscal year 2007.
  In 1975, Congress enacted the Executive Salary Cost of Living 
Adjustment Act to give judges and 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 authorization to grant judges a COLA. The 
legislation we consider today is substantially similar to other cost-
of-living increases for Federal judges approved in previous fiscal 
years.
  Mr. Speaker, I believe in fairness, which is why I introduced this 
bill to ensure that Federal judges receive a COLA when other civil 
servants, including Members of Congress, receive theirs. I urge Members 
to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I ask unanimous consent to control the 
remainder of the legislation under suspension.

[[Page H6962]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of the legislation. It is a collection of a number 
of bills, a majority of which have passed favorably through the 
Subcommittee on Courts with little or no controversy.
  There are five titles: the Pay Adjustment for Federal Judges; the 
Courts and Intellectual Property Legislation; the Jurisdiction of 
Federal Circuit over Patent Cases; the Diversity Jurisdiction of 
Federal Courts; and, finally, the Multidistrict Litigation in the 
Lexecon case before the Supreme Court.
  The most important is the pay adjustment for Federal judges, because 
we provide a cost-of-living pay adjustment for 2007. The Federal judges 
do not receive such COLAs unless Congress provides specific statutory 
authorization each year. It is my hope that some day we will make it 
automatic. Members of the Federal judiciary deserve this raise. We have 
a number of Federal judges who are forced to turn back their 
appointment because the salary is inadequate to their basic needs.
  We appreciate the hardworking men and women who serve; and to me, 
this is an important part of the constitutional democracy that we have 
formed here, and we must do everything to ensure that we attract and 
retain the highest quality of judges.
  Now, these members of the judiciary are called to duty by a sense of 
honor, and the judges already make far less than most of them could 
earn in private firms. And while this pay disparity will exist, 
Congress should at least ensure that judicial pay does not effectively 
shrink. And so the failure to give judges a COLA would constitute in 
effect such a reduction in pay.
  Title II contains a number of measures. We respond in part to the 
devastation caused by Hurricane Katrina by permitting the Patent and 
Trademark Office director to extend deadlines during emergencies.
  Section 202 is a resolution honoring the 25th anniversary of the 
Bayh-Dole Act, and that is Senator Bayh, Sr., who formerly served from 
the great State of Indiana. And this measure enhanced public and 
private partnerships for the commercialization of inventions.
  Section 203 of the bill requires that each Federal or State court 
recognize out-of-state notarial acts that meet the following two 
conditions that are indicated in the measure.
  Title III of the bill clarifies the Federal Circuit Court of Appeals 
has exclusive jurisdiction to hear patent appeals, and that I think is 
extremely important. The goal of title III is to maintain the integrity 
of the patent system.
  Title IV amends the laws governing diversity jurisdiction. And this 
is an important and critical area.
  And then finally we have the Multidistrict Litigation, which has been 
passed several times, but never acted on by the other body.

                              {time}  1600

  This title would overturn the Supreme Court case called the Lexecon 
decision. While I have supported this legislation in the past, I have 
consistently noted several concerns that I hope will be able to be 
addressed in our discussions that I anticipate with the Senate. I urge 
my colleagues to support this measure before the House on the 
suspension calendar.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my 
time.
  I want to clarify the record. The only thing that is in H.R. 5454 is 
the judges' COLA. I think it is relatively noncontroversial, but it is 
a housekeeping thing that we have to do before the session adjourns.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Campbell of California). 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. 
5454.
  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.

                          ____________________