H48 CONGRESSIONAL RECORD — HOUSE January 7, 2009 

Chair’s prior announcement, further 

proceedings on this motion will be 

postponed. 

f 

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 (twothirds 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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