[Congressional Record Volume 154, Number 185 (Wednesday, December 10, 2008)]
[House]
[Pages H10944-H10945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ENSURING THAT THE COMPENSATION AND OTHER EMOLUMENTS ATTACHED TO THE 
OFFICE OF SECRETARY OF STATE ARE THOSE WHICH WERE IN EFFECT ON JANUARY 
                                1, 2007

  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent to take 
from the Speaker's table S.J. Res. 46 and ask for its immediate 
consideration in the House.
  The Clerk read the title of the Senate joint resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  Mr. ISSA. Mr. Speaker, I reserve the right to object. If I could 
inquire of the gentleman: Would this bill, in fact, proactively cover 
the Secretary of State if it is Senator Hillary Clinton?
  Mr. DAVIS of Illinois. Yes, it covers whoever is nominated.

[[Page H10945]]

  Mr. ISSA. A further inquiry: Would this cover anyone in the House or 
in the Senate who had voted on a pay package in the House or in the 
Senate so that they could then become the Secretary of State?
  Mr. DAVIS of Illinois. As written, it does not.
  Mr. ISSA. So who would it be limited to?
  Mr. DAVIS of Illinois. It would be limited to those in the position 
of Secretary of State.
  Mr. ISSA. So it would be limited to the Secretary of State. 
Regardless of where they came from, they would be frozen at this year's 
pay as a result of this bill?
  Mr. DAVIS of Illinois. That is correct.
  Mr. ISSA. A last inquiry: If I understand correctly then, in every 
way possible, this piece of legislation passed in this Congress would, 
by definition, by freezing the pay, actually be, though relatively 
small, a savings to the taxpayers?
  Mr. DAVIS of Illinois. Correct, it would.
  Mr. ISSA. With that, I withdraw my reservation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  The text of the Senate joint resolution is as follows:

                              S.J. Res. 46

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. COMPENSATION AND OTHER EMOLUMENTS ATTACHED TO THE 
                   OFFICE OF SECRETARY OF STATE.

       (a) In General.--The compensation and other emoluments 
     attached to the office of Secretary of State shall be those 
     in effect January 1, 2007, notwithstanding any increase in 
     such compensation or emoluments after that date under any 
     provision of law, or provision which has the force and effect 
     of law, that is enacted or becomes effective during the 
     period beginning at noon of January 3, 2007, and ending at 
     noon of January 3, 2013.
       (b) Civil Action and Appeal.--
       (1) Jurisdiction.--Any person aggrieved by an action of the 
     Secretary of State may bring a civil action in the United 
     States District Court for the District of Columbia to contest 
     the constitutionality of the appointment and continuance in 
     office of the Secretary of State on the ground that such 
     appointment and continuance in office is in violation of 
     article I, section 6, clause 2, of the Constitution. The 
     United States District Court for the District of Columbia 
     shall have exclusive jurisdiction over such a civil action, 
     without regard to the sum or value of the matter in 
     controversy.
       (2) Three judge panel.--Any claim challenging the 
     constitutionality of the appointment and continuance in 
     office of the Secretary of State on the ground that such 
     appointment and continuance in office is in violation of 
     article I, section 6, clause 2, of the Constitution, in an 
     action brought under paragraph (1) shall be heard and 
     determined by a panel of three judges in accordance with 
     section 2284 of title 28, United States Code. It shall be the 
     duty of the district court to advance on the docket and to 
     expedite the disposition of any matter brought under this 
     subsection.
       (3) Appeal.--
       (A) Direct appeal to supreme court.--An appeal may be taken 
     directly to the Supreme Court of the United States from any 
     interlocutory or final judgment, decree, or order upon the 
     validity of the appointment and continuance in office of the 
     Secretary of State under article I, section 6, clause 2, of 
     the Constitution, entered in any action brought under this 
     subsection. Any such appeal shall be taken by a notice of 
     appeal filed within 20 days after such judgment, decree, or 
     order is entered.
       (B) Jurisdiction.--The Supreme Court shall, if it has not 
     previously ruled on the question presented by an appeal taken 
     under subparagraph (A), accept jurisdiction over the appeal, 
     advance the appeal on the docket, and expedite the appeal.
       (c) Effective Date.--This joint resolution shall take 
     effect at 12:00 p.m. on January 20, 2009.

  The Senate joint resolution was ordered to be read a third time, was 
read the third time, and passed, and a motion to reconsider was laid on 
the table.

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