[Congressional Record Volume 154, Number 185 (Wednesday, December 10, 2008)]
[Senate]
[Pages S10885-S10886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ENSURING COMPENSATION AND OTHER EMOLUMENTS ATTACHED TO THE OFFICE OF 
                           SECRETARY OF STATE

  Mr. DURBIN. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of S.J. Res. 46 introduced earlier today.
  The PRESIDING OFFICER. The clerk will report the joint resolution by 
title.
  The assistant legislative clerk read as follows:

       A joint resolution (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.

  There being no objection, the Senate proceeded to consider the joint 
resolution.
  Mr. DURBIN. Madam President, I ask unanimous consent that the joint 
resolution be read three times and passed, the motions to reconsider be 
laid upon the table; and that any statements related thereto be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The joint resolution was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                              S.J. Res. 46

       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

[[Page S10886]]

     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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