[Congressional Record Volume 155, Number 5 (Sunday, January 11, 2009)]
[Senate]
[Page S272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Specter):
  S. 200. A bill to authorize a cost of living adjustment for the 
Federal judiciary; to the Committee on the Judiciary.
  Today I am again introducing legislation to authorize cost of living 
adjustments, COLA, to the salaries of United States justices and 
judges. I thank Senator Specter for joining me as a cosponsor of this 
long overdue bill. This legislation would provide judges the COLA 
needed to keep pace with inflation. In the last Congress, I supported a 
cost of living increase for Federal judges; it was not enacted. We are 
introducing this measure early in this new Congress because of all 
Federal employees, judges were the only ones who did not receive a COLA 
in the continuing resolution passed last year.
  This bill responds in part to issues raised by Chief Justice Roberts 
in his ``Year End Report on the Federal Judiciary.'' Chief Justice 
Roberts noted that ``Judges knew what the pay was when they answered 
the call of public service. But they did not know that Congress would 
steadily erode that pay in real terms by repeatedly failing over the 
years to provide even cost-of-living increases.'' The issue relates to 
judicial independence, which is critical for preserving our system of 
government and protecting the rights of all Americans.
  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. With the end of the last 
Congress, however, the continuing resolution providing funding failed 
to suspend Section 140, thus ensuring that no COLA would be provided 
for Federal judges during the current fiscal year, unless additional 
action is taken now. Two years ago, the last time Congress missed 
making a scheduled cost-of-living adjustment for the judiciary, I 
sponsored remedial legislation, and it was enacted. We should do so 
again.
  This bipartisan legislation provides a COLA for Federal judges 
consistent with the law and with fairness. It is vital to the 
independence of the judiciary and the administration of justice that 
the Federal bench continues to attract, and keep, the most talented 
lawyers in the country. I have been dedicated as both Ranking Member 
and now Chairman of the Judiciary Committee to ensuring the 
independence of our judiciary.
  Some of us have tried over the years to improve the compensation of 
judges, and I intend again to do what I can to have Congress fairly 
evaluate this issue to see what solutions may be possible. I hope 
Congress and the President will reconsider this measure early this year 
and will do their duty when it comes to fair compensation for the 
independent judiciary. We can start now by taking up and passing this 
bill allowing for judicial COLAs.




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