May 1, 1980
Page 9694
MESSAGE FROM THE SENATE
A message from the Senate by Mr. Sparrow, one of its clerks, announced that the Senate has passed a bill of the following title, in which the concurrence of the House is requested:
S. 2637. An act to ensure that the compensation and other emoluments attached to the office of Secretary of State are those which were in effect January 1, 1977.
TO INSURE THAT COMPENSATION AND OTHER EMOLUMENTS ATTACHED TO OFFICE OF SECRETARY OF STATE ARE THOSE WHICH WERE IN EFFECT JANUARY 1, 1977
Mr. HANLEY. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 2637) to insure that the compensation and other emoluments attached to the Office of Secretary of State are those which were in effect January 1, 1977, and ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER. Is there objection to the request of the gentleman from New York?
Mr. BAUMAN. Mr. Speaker, reserving the right to object, could I ask the gentleman from New York to give us a brief explanation of this legislation?
Mr. HANLEY. I will be delighted to.
Mr. Speaker, I am pleased to make this unanimous consent request so that the House may consider this bill which will facilitate the appointment of the Senator from Maine (Mr. MUSKIE) as Secretary of State.
As I am sure the Members are aware, article I of the Constitution of the United States provides that—
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under authority of the United States, which shall have been created, or the emoluments where of shall have been increased during such time.
The Senator from Maine was most recently elected to serve a term beginning in January of 1977 and, since that time, the salary for the Secretary of State has been increased. Accordingly, this bill is necessary to provide that the salary for the Office of Secretary of State, while such office is held by the Senator from Maine, will be the salary in effect on January 1, 1977.
Mr. Speaker, many Members will recall that we have taken similar action on other occasions when our colleagues have been appointed to positions in the Cabinet. This particular bill is modeled after similar legislation which was enacted upon the appointment of Attorney General Saxbe.
I am pleased to call up this legislation and ask for its speedy approval.
Mr. BAUMAN. Further reserving the right to object, I understand from what the gentleman says that Secretary Designate MUSKIE will then be paid at this recommended level for the remainder of his term, however long that may be?
Mr. HANLEY. The gentleman is correct.
Mr. BAUMAN. Nine months, I would guess.
Mr. HANLEY. As opposed to the $69,630 presently associated with that Cabinet post, Senator MUSKIE will receive but $63,000.
Mr. BAUMAN. I thank the gentleman, and I withdraw my reservation of objection.
Mr. HANLEY. I thank the gentleman from Maryland.
The SPEAKER. Is there objection to the request of the gentleman from New York?
Mr. DERWINSKI. Mr. Speaker, reserving the right to object for technical purposes, I join my distinguished chairman (Mr. HANLEY) in support of this needed legislation to remove any constitutional barrier to the appointment of our colleague, Senator MUSKIE, to the position of Secretary of State.
There are precedents for the legislation, one being the law enacted when Senator Saxbe was appointed Attorney General in 1973.
The effect of this legislation is to roll back the compensation for the Office of Secretary of State to the level as of January 1, 1977, before Senator MUSKIE took office for his present term, and to remain at that level until January 3, 1983.
As has been pointed out in debate, article I of the Constitution provides that—
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time.
The rate of pay for the Office of Secretary of State was increased in March 1977 and again in October 1979. It becomes necessary, therefore, to enact this legislation before the appointment of Senator MUSKIE, and so I urge my colleagues to add their approval.
Mr. HANLEY. Mr. Speaker, I thank the gentleman for his comments.
Mr. DERWINSKI. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore (Mr. MOAKLEY) . Is there objection to the request of the gentleman from New York? There was no objection.
The Clerk read the Senate bill, as follows:
S. 2637
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the compensation and other emoluments attached to the office of Secretary of State shall be those in effect January 1, 1977, notwithstanding any increase in such compensation or emoluments under (1) the Federal Salary Act of 1967 (Public Law 90-296; 81 Stat. 642) or the Executive Salary Cost-of-Living Adjustment Act (Public Law 94-82; 89 Stat. 419) taking effect during the period beginning at noon of January 3, 1977, and ending at noon of January 3, 1983, or (2) any other provision of law, or provision which has the force and effect of law, if such increase becomes effective during that period.
(b) Subsection (a) of this section shall be effective during the period beginning on the enactment of this Act and ending the earlier of noon of January 3, 1983, or the date on which the first individual appointed to the office of Secretary of State after the enactment of this Act ceases to hold that office.
SEC. 2. (a) Any person aggrieved by an action of the Secretary of State may bring a civil action in an appropriate United States district court 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 courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office.
(b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. Any review of the action of a court convened pursuant to such section shall be by petition of certiorari to the Supreme Court.
(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.
(d) This section applies only with respect to the Secretary of State who is first appointed to that office after the enactment of this Act.
The Senate bill 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.