II 

109TH CONGRESS 

2D SESSION S. 2276 

To provide for fairness for the Federal judiciary. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10 (legislative day, FEBRUARY 9), 2006 

Mrs. FEINSTEIN (for herself, Mr. LEAHY, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide for fairness for the Federal judiciary. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Judicial Fair5 ness Act of 2006’’. 

6 SEC. 2. JUDICIAL COST-OF-LIVING INCREASES. 

7 (a) REPEAL OF STATUTORY REQUIREMENT RELAT8 ING TO JUDICIAL SALARIES.—Section 140 of the resolu9 tion entitled ‘‘A Joint Resolution making further con10 tinuing appropriations for the fiscal year 1982, and for 

11 other purposes.’’, approved December 15, 1981 (Public 
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•S 2276 IS

1 Law 97–92; 95 Stat. 1200; 28 U.S.C. 461 note), is re2 pealed. 

3 (b) AUTOMATIC ANNUAL INCREASES.—Section 

4 461(a) of title 28, United States Code, is amended to read 

5 as follows: 

6 ‘‘(a)(1) Subject to paragraph (2), effective on the 

7 first day of the first applicable pay period beginning on 

8 or after January 1 of each calendar year, each salary rate 

9 which is subject to adjustment under this section shall be 

10 adjusted by an amount, rounded to the nearest multiple 

11 of $100 (or if midway between multiples of $100, to the 

12 next higher multiple of $100) equal to the percentage of 

13 such salary rate which corresponds to the most recent per14 centage change in the ECI (relative to the date described 

15 in the next sentence), as determined under section 

16 704(a)(1) of the Ethics Reform Act of 1989. The appro17 priate date under this sentence is the first day of the fiscal 

18 year that begins in the preceding calendar year. 

19 ‘‘(2) In no event shall the percentage adjustment tak20 ing effect under paragraph (1) in any calendar year (be21 fore rounding), in any salary rate, exceed the percentage 

22 adjustment taking effect in such calendar year under sec23 tion 5303 of title 5 in the rates of pay under the General 

24 Schedule.’’. 
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•S 2276 IS

1 (c) JUDICIAL SALARY INCREASES.—Effective on the 

2 first day of the first applicable pay period that begins on 

3 or after the date of the enactment of this Act, the rate 

4 of basic pay for the Chief Justice of the United States, 

5 an Associate Justice of the Supreme Court of the United 

6 States, a judge of a United States circuit court, a judge 

7 of a district court of the United States, a judge of the 

8 United States Court of International Trade, a bankruptcy 

9 judge, and a full-time magistrate judge shall be increased 

10 in the amount of 16.5 percent of their respective rates (as 

11 last in effect before the increase), rounded to the nearest 

12 multiple of $100 (or, if midway between multiples of $100, 

13 to the next higher multiple of $100). 

14 SEC. 3. COORDINATION RULE. 

15 If a pay adjustment under section 2 is to be made 

16 for an office or position as of the same date as any other 

17 pay adjustment affecting such office or position, the ad18 justment under section 2 shall be made first. 

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