[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 46 Considered and Passed Senate (CPS)]







110th CONGRESS
  2d Session
S. J. RES. 46

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2008

  Mr. Reid introduced the following joint resolution; which was read 
           twice, considered, read the third time, and passed

_______________________________________________________________________

                            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.
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