[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 3 Engrossed in Senate (ES)]

  1st Session
S. J. RES. 3

_______________________________________________________________________

                            JOINT RESOLUTION


 
  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.

    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.

            Passed the Senate January 6, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                              S. J. RES. 3

_______________________________________________________________________

                            JOINT RESOLUTION

  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.