[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S.J. Res. 46 Enrolled Bill (ENR)]
S.J.Res.46
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
Joint Resolution
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.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.