[Congressional Record Volume 155, Number 2 (Wednesday, January 7, 2009)]
[House]
[Page H48]
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 THE SECRETARY OF THE INTERIOR ARE THOSE WHICH WERE IN EFFECT 
                           ON JANUARY 1, 2005

  Mr. TOWNS. Madam Speaker, I move to suspend the rules and agree to 
the Senate joint resolution (S.J. Res. 3), ensuring that the 
compensation and other emoluments attached to the office of Secretary 
of the Interior are those which were in effect on January 1, 2005.
  The Clerk read the title of the Senate joint resolution.
  The text of the Senate joint resolution is as follows:

                              S.J. Res. 3

       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 THE INTERIOR.

       (a) In General.--The compensation and other emoluments 
     attached to the office of Secretary of the Interior shall be 
     those in effect January 1, 2005, 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, 2005, and ending at 
     noon of January 3, 2011.
       (b) Civil Action and Appeal.--
       (1) Jurisdiction.--Any person aggrieved by an action of the 
     Secretary of the Interior 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 the Interior 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 the Interior 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 the Interior 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Towns) and the gentleman from California (Mr. Issa) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TOWNS. I yield myself as much time as I may consume.
  S.J. Res. 3 is a measure needed to ensure Senator Salazar of Colorado 
will be able to serve our country as the Secretary of the Interior 
during the Obama administration.
  The Constitution provides that no Member of the House or Senate may 
be appointed to an office in the Federal Government for which the 
salary was raised during the Member's term. Fortunately, this does not 
prohibit the appointment of Senators or House Members to positions in 
the executive branch and will not prevent Senator Salazar from becoming 
Secretary of the Interior.
  Numerous historical precedents and Justice Department interpretations 
hold that such appointments are, in fact, permissible so long as the 
salary is set at the level it was before the appointee's term began.
  This long-standing practice dates back at least 100 years and is 
often referred to as the ``Saxbe Fix,'' referring to the solution which 
set the salary for President Nixon's nominee for Attorney General, 
William Saxbe, so that it would reflect the salary level in place 
before his congressional term of office began.
  Other Cabinet officials appointed under such arrangement include 
Secretary of State Edmund Muskie and Secretary of the Treasury Lloyd 
Bentsen. The House also passed a similar measure by unanimous consent 
just last December to ensure that Senator Clinton may serve as 
Secretary of State.
  This is a commonsense solution with ample precedent, which I urge all 
Members to support.
  Madam Speaker, I reserve the balance of my time.
  Mr. ISSA. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am strongly in support of this resolution as 
necessary and appropriate. It is sort of interesting to have to bring a 
vote to give somebody less money and save the taxpayers money, but I'm 
pleased to do it at any time, and hopefully we will find larger savings 
as the year goes on.
  But I would like to comment on one thing. This is obviously something 
that we've agreed on beforehand and we look forward to quick passage, 
but I am committed here today, and would say on the floor with the 
chairman, to going back to committee to drafting a broader bill, one we 
would bring before the House within a few days that would cover 
Congresswoman Hilda Solis, former Congressman Ray LaHood, and other 
Members who are going to be in the same situation of having voted for 
the tax bill or been present for it and are going to be, in all 
likelihood, in the President's Cabinet. I believe that we should bring 
a piece of legislation that, on a blanket basis, says if you want to 
accept the job, you will accept the lower pay.
  So, although I was pleased to be on the floor and participate in the 
UC, I am pleased to do this. I would hope that for judicial expedience 
that we would bring a single bill in the next coming weeks that would 
cover anyone who chooses in the first 2 years to be in the Obama 
administration, and I look forward to the savings that will come from 
those appointments.
  I reserve the balance of my time.
  Mr. TOWNS. Let me just say to the gentleman that he makes a very good 
point, and we will review it and see in terms of what we can do to be 
able to move things along. Also, I'm for saving. Any way we can save, 
let's do it.
  S.J. Res. 3 sets the salary of the Secretary of the Interior to the 
level in effect on January 1, 2005, before the start of Senator 
Salazar's term, satisfying the constitutional requirements. I urge 
Members to support the resolution and, of course, look forward to 
working with my colleague in terms of being able to look at a broader 
kind of legislation to be able to deal with others who might be moving 
forward or going into the administration.
  Madam Speaker, I don't have any other speakers, and I want to know if 
the minority has any other speakers.
  Mr. ISSA. Madam Speaker, I have no other speakers and would yield 
back.
  Mr. TOWNS. Madam Speaker, on that note, I ask my colleagues to be 
supportive of this legislation because, after all, I think that when we 
look at the service that is provided and what it is going to do in the 
days ahead, I think we should be supportive.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Towns) that the House suspend the rules 
and agree to the Senate joint resolution, S.J. Res. 3.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate joint resolution was agreed to.
  A motion to reconsider was laid on the table.




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