[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S.J. Res. 46 Engrossed in Senate (ES)]
2d Session
S. J. RES. 46
_______________________________________________________________________
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.
Passed the Senate December 10, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. J. RES. 46
_______________________________________________________________________
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.