II

107TH CONGRESS

1ST SESSION S. 1162

To repeal the requirement relating to specific statutory authorization for

increases in judicial salaries, to provide for automatic annual increases

for judicial salaries, to provide for a 9.6 percent increase in judicial

salaries, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 11, 2001

Mrs. FEINSTEIN (for herself and Mr. THOMPSON) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To repeal the requirement relating to specific statutory authorization for increases in judicial salaries, to provide

for automatic annual increases for judicial salaries, to

provide for a 9.6 percent increase in judicial salaries,

and for other purposes.

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 2001’’.
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1 SEC. 2. JUDICIAL COST-OF-LIVING INCREASES.

2 (a) REPEAL OF STATUTORY REQUIREMENT RELAT3 ING TO JUDICIAL SALARIES.—Section 140 of the resolu4 tion entitled ‘‘A Joint Resolution making further con5 tinuing appropriations for the fiscal year 1982, and for

6 other purposes.’’, approved December 15, 1981 (Public

7 Law 97–92; 95 Stat. 1200; 28 U.S.C. 461 note), is re8 pealed.

9 (b) AUTOMATIC ANNUAL INCREASES.—Section

10 461(a) of title 28, United States Code, is amended to read

11 as follows:

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

13 first day of the first applicable pay period beginning on

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

15 which is subject to adjustment under this section shall be

16 adjusted by an amount, rounded to the nearest multiple

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

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

19 such salary rate which corresponds to the most recent per20 centage change in the ECI (relative to the date described

21 in the next sentence), as determined under section

22 704(a)(1) of the Ethics Reform Act of 1989. The appro23 priate date under this sentence is the first day of the fiscal

24 year that begins in the preceding calendar year.

25 ‘‘(2) In no event shall the percentage adjustment tak26 ing effect under paragraph (1) in any calendar year (be-
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1 fore rounding), in any salary rate, exceed the percentage

2 adjustment taking effect in such calendar year under sec3 tion 5303 of title 5 in the rates of pay under the General

4 Schedule.’’.

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

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

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

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

9 an Associate Justice of the Supreme Court of the United

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

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

12 United States Court of International Trade, a bankruptcy

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

14 in the amount of 9.6 percent of their respective rates (as

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

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

17 to the next higher multiple of $100).

18 SEC. 3. COORDINATION RULE.

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

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

21 pay adjustment affecting such office or position, the ad22 justment under section 2 shall be made first.

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