The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“SALARY ADJUSTMENTS FOR JUSTICES AND JUDGES” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S1842-S1843 on Jan. 30, 2003.
The publication is reproduced in full below:
SALARY ADJUSTMENTS FOR JUSTICES AND JUDGES
Mr. FRIST. Mr. President, I ask unanimous consent that the Governmental Affairs Committee be discharged from further consideration of S. 101, and that the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 101) to authorize salary adjustments for Justices and judges of the United States for fiscal year 2003.
There being no objection, the Senate proceeded to consider the bill.
Mr. HATCH. Mr. President, I rise to address the serious matter of pay inequity in the Federal judiciary.
As things stand now, nearly every Federal employee will receive a cost of living adjustment during 2003--every employee, that is, except Federal judges. This is because of a legislative prescription that requires Congress to authorize raises in the salaries of Federal judges. Although this COLA of roughly 3 percent may seem small and inconsequential, it makes a significant difference in light of the fact that Federal judges earn far less than many, if not most, of their counterparts in the private sector.
In his 2002 year-end report, Supreme Court Chief Justice William Rehnquist highlighted his concern that salaries of Federal judges have not kept pace with those of lawyers in private firms and in business. He observed, ``Inadequate compensation seriously compromises the judicial independence fostered by life tenure. That low salaries might force judges to return to the private sector rather than stay on the bench risks affecting judicial performance--instead of serving for life, those judges would serve the terms their finances would allow, and they would worry about what awaits them when they return to the private sector.'' The Chief Rustic lamented, ``Unless the 108th Congress acts, judges will not even receive the cost-of-living adjustment that nearly every other Federal employee will receive during 2003.'' He concluded by urging Congress and the President to ``take up this issue early in the new year.''
Today, Mr. President, the Senate is passing a bill that will allow Federal judges to receive the COLA that other Federal employees are already slated to receive this year. Although the larger issue of minimizing the gap between Federal judicial salaries and private sector salaries still remains, this small step will resolve the salary inequity between Federal judges and other Federal employees. I thank my colleagues for joining Senator Leahy and me in supporting this bipartisan measure.
Mr. LEAHY. Mr. President, I am pleased that the Senate is taking up and passing both the Senate and House versions of legislation to authorize salary adjustments for Justices and judges of the United States for fiscal year 2003.
Here in the Senate, Senator Hatch and I were joined by Senator DeWine and Senator Specter to cosponsor legislation to authorize an increase in the salaries of Justices and judges of the United States for the present fiscal year. House Judiciary Chairman Sensenbrenner was joined by that committee's ranking Democratic member, Congressman Conyers, and others to introduce identical legislation.
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 am disappointed that the Continuing Resolutions approved by Congress failed to give the Federal judiciary a cost-of-living adjustment COLA for fiscal year 2003.
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 co-equal 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.
The bipartisan and bicameral legislation before us provides for a COLA for Federal judges consistent with the law and with fairness.
Over the past year and one half as Judiciary Committee Chairman, I have been honored to lead the Committee in holding hearings on 103 of President Bush's judicial nominees, some of whom proved to be quite controversial and divisive. Last year the Committee voted on 102 nominees and reported 100 out of Committee favorably. The full Democratic-led Senate took the final step of confirming 100 judges in just 17 months. This remarkable record compares most favorably to the 38 judicial confirmations averaged per year during the 6\1/2\ years when the Republicans previously controlled the Senate. In addition, the 21st Century Department of Justice Appropriations Authorization Act we passed last Congress created or extended 20 Federal judgeships, more than were created during the 6\1/2\ years that the Republican party controlled the Senate. In his end of the year report, the Chief Justice of the United States noted these accomplishments and thanked the Senate for its actions. I appreciate his kind words.
I look forward to Senate passage of the House and Senate bills to authorize salary adjustments for Justices and judges of the United States for fiscal year 2003. I hope the President will promptly sign our legislation into law.
Mr. FRIST. Mr. President, I ask unanimous consent that the bill be read the 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 (S. 101) was read the third time and passed, as follows:
S. 101
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 2003 to receive a salary adjustment in accordance with section 461 of title 28, United States Code.
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