[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S150-S151]
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 THE INTERIOR

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S.J. Res. 3 introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A joint resolution (S.J. Res. 3) 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.

  There being no objection, the Senate proceeded to consider the joint 
resolution.
  Mr. WHITEHOUSE. Mr. 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 relating 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. 3

       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,

[[Page S151]]

     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.

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