December 10, 2008 CONGRESSIONAL RECORD — HOUSE 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. 

f 

b 2100 

THE TERRORIST ATTACKS IN 

MUMBAI, INDIA 

(Ms. JACKSON-LEE of Texas asked 

and was given permission to address 

the House for 1 minute and to revise 

and extend her remarks.) 

Ms. JACKSON-LEE of Texas. In the 

recent week, we watched in horror as 

terrorists, criminals, and people who 

are uncaring attacked the innocent 

people of Mumbai, India—a band of 10, 

attacking innocent persons in hotels, 

traveling to hospitals and to train stations, going to the Chabad religious 

community and killing recklessly. 

Mr. Speaker, this should be a signal 

that we have to join together to again 

confront those who would terrorize the 

world. I know that this is going to be a 

place of conflict—Pakistan, Bangladesh, and India—but it is important 

for us to recognize that the people of 

India want peace, the people of Pakistan want peace, and the Bangladesh 

want peace, and the people in the MidEast want peace. But we must weed out 

those who would terrorize us. We need 

to join together in the effort of stamping out terrorism and meanwhile continue to secure the homeland. 

f 

SPECIAL ORDERS 

The SPEAKER pro tempore. Under 

the Speaker’s announced policy of January 18, 2007, and under a previous 

order of the House, the following Members will be recognized for 5 minutes 

each. 

f 

The SPEAKER pro tempore. Under a 

previous order of the House, the gentleman from Indiana (Mr. BURTON) is 

recognized for 5 minutes. 

(Mr. BURTON of Indiana addressed 

the House. His remarks will appear 

hereafter in the Extensions of Remarks.) 

HOUSTON POLICE OFFICER 

TIMOTHY ABERNETHY 

The SPEAKER pro tempore. Under a 

previous order of the House, the gentleman from Texas (Mr. POE) is recognized for 5 minutes. 

Mr. POE. Mr. Speaker, for Houston 

police officer Timothy Abernethy, 

fighting crime was more than an occupation; it was his personal calling. Officer Abernethy was part of a special effort through the Houston Police Department to place more peace officers 

in high crime areas, which is why he 

was in an area of town that others tend 

to shy away from when he was shot and 

killed this past Sunday, December 7. 

Working overtime and in a one-man 

patrol unit, Abernethy had pulled over 

a 28-year-old male for a traffic violation. As the man and the officer talked, 

the individual made a run for it and Officer Abernethy pursued him on foot 

through a nearby northwest Houston 

apartment complex. Tragically, the 

coward of a man, who happened to be 

out on parole, hid and ambushed 

Abernethy shooting him four times and 

killing him. The criminal has been apprehended and is charged with capital 

murder of a peace officer. 

Officer Abernethy graduated May 27, 

1997, from the Houston Police Academy, Class 170. During his 11-year HPD 

career, he was assigned to patrol at the 

North Command station and served 

with the HPD Search and Recovery 

Dive Team. Recently, Abernethy was 

part of an HPD bomb squad and was 

due to be transferred full-time to this 

squad. 

Officer Abernethy is remembered as a 

giving person. His Captain, Ceaser 

Moore, recalls a time during Hurricane 

Ike this past fall when his power was 

out for weeks, and even though 

Abernethy already had his in-laws 

staying with him, he invited Captain 

Moore to stay with him until electricity was restored. 

Officer Abernethy was the type of 

person who worked hard not only to 

improve his community but also himself. He worked successfully to obtain a 

degree while he was a member of the 

Houston Police Department. 

Prior to joining the Houston Police 

Department, Officer Abernethy served 

in the United States Navy in the Submarine Corps. 

Officer Abernethy is survived by his 

wife Stephanie, his son Timothy Scott 

Abernethy, Junior, and his daughter 

Olivia Ann Abernethy. 

His only son, Tim, Jr., followed in his 

father’s footsteps and joined the United 

States Navy so that he, too, could 

serve his country. Abernethy’s daughter Olivia is a 2008 graduate of Texas 

A&M University in College Station, 

Texas. 

Officer Abernethy was a man of 

honor who was dedicated to making 

our world a safer place for the rest of 

us. He will be greatly missed by citizens and peace officers alike. He was 

one of Houston’s finest. Mr. Speaker, 

he was a cut above the rest of us.