[Congressional Record (Bound Edition), Volume 153 (2007), Part 1]
[Senate]
[Pages 394-395]
[From the U.S. Government Publishing Office, www.gpo.gov]




 AUTHORIZING SALARY ADJUSTMENTS FOR JUSTICES AND JUDGES OF THE UNITED 
                                 STATES

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 197, which was introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 197) to authorize salary adjustments for 
     justices and judges of the United States for fiscal year 
     2007.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I thank Senator Reid for expediting passage 
of legislation I introduced today with him and Senators Specter, Reid, 
Feinstein, and Cornyn to authorize cost-of-living adjustments for the 
salaries of United States Justices and judges for fiscal year 2007. 
This is a step I supported taking--and that we should have taken--in 
the last Congress. I am glad that a holdup on the Republican side that 
prevented us from passing this last week was resolved so that we could 
move forward in a unanimous and bipartisan way to take care of this 
unfinished business in the Senate. I hope that the House of 
Representatives will join us in making cost-of-living increase for 
judges an early item of business.
  The legislation we pass today is a modest step towards addressing the 
issues raised by Chief Justice Roberts in his ``Year End Report on the 
Federal Judiciary.'' I have commended the Chief Justice for speaking 
out on behalf of the judiciary and for seeking to strengthen the 
independence of the judicial branch. Judicial independence 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 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. Four years ago, the last time Congress missed making a 
scheduled cost-of-living adjustment for the judiciary, I sponsored 
remedial legislation that was enacted. I have done so, again, in the 
hope that Congress will correct this slight.
  The bipartisan legislation we pass today provides for a COLA for 
Federal judges consistent with the law and with fairness. I have worked 
hard as ranking member of the Judiciary Committee over the last 4 years 
to ensure the independence of the judiciary.
  Some of us have tried over the years to improve the compensation of 
judges. I have sponsored bills for general increases in judicial 
compensation. One such measure did pass the Senate a few years ago only 
to be stalled by the Republican House leadership. Senator Feinstein was 
the lead sponsor of such a bill last Congress.
  I intend to do what I can to convince Congress to fairly evaluate 
this issue and the Chief Justice's arguments, so that we can see what 
solutions may be possible. I hope Congress and the President will 
reconsider a broader judicial compensation measure this year to adjust 
their salaries. We have taken a first step now by taking up and passing 
this bill allowing for the annual judicial COLA that was not enacted 
last year.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read a third time, passed, and the motion to reconsider be laid upon 
the table; that any statements related to this bill be printed in the 
Record. I also indicate this matter has been cleared with Senator 
McConnell.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 197) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

[[Page 395]]



                                 S. 197

       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.

       (a) In General.--Pursuant to section 140 of Public Law 97-
     92, 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.
       (b) Effective Date.--This Act shall take effect as of 
     January 1, 2007.

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