IIA 

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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. COMPENSATION AND OTHER EMOLUMENTS AT4 TACHED TO THE OFFICE OF SECRETARY OF 

5 STATE. 

6 (a) IN GENERAL.—The compensation and other 

7 emoluments attached to the office of Secretary of State 

8 shall be those in effect January 1, 2007, notwithstanding 

9 any increase in such compensation or emoluments after 

10 that date under any provision of law, or provision which 


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1 has the force and effect of law, that is enacted or becomes 

2 effective during the period beginning at noon of January 

3 3, 2007, and ending at noon of January 3, 2013. 

4 (b) CIVIL ACTION AND APPEAL.— 

5 (1) JURISDICTION.—Any person aggrieved by 

6 an action of the Secretary of State may bring a civil 

7 action in the United States District Court for the 

8 District of Columbia to contest the constitutionality 

9 of the appointment and continuance in office of the 

10 Secretary of State on the ground that such appoint11 ment and continuance in office is in violation of arti12 cle I, section 6, clause 2, of the Constitution. The 

13 United States District Court for the District of Co14 lumbia shall have exclusive jurisdiction over such a 

15 civil action, without regard to the sum or value of 

16 the matter in controversy. 

17 (2) THREE JUDGE PANEL.—Any claim chal18 lenging the constitutionality of the appointment and 

19 continuance in office of the Secretary of State on 

20 the ground that such appointment and continuance 

21 in office is in violation of article I, section 6, clause 

22 2, of the Constitution, in an action brought under 

23 paragraph (1) shall be heard and determined by a 

24 panel of three judges in accordance with section 

25 2284 of title 28, United States Code. It shall be the 


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1 duty of the district court to advance on the docket 

2 and to expedite the disposition of any matter 

3 brought under this subsection. 

4 (3) APPEAL.— 

5 (A) DIRECT APPEAL TO SUPREME

6 COURT.—An appeal may be taken directly to 

7 the Supreme Court of the United States from 

8 any interlocutory or final judgment, decree, or 

9 order upon the validity of the appointment and 

10 continuance in office of the Secretary of State 

11 under article I, section 6, clause 2, of the Con12 stitution, entered in any action brought under 

13 this subsection. Any such appeal shall be taken 

14 by a notice of appeal filed within 20 days after 

15 such judgment, decree, or order is entered. 

16 (B) JURISDICTION.—The Supreme Court 

17 shall, if it has not previously ruled on the ques18 tion presented by an appeal taken under sub19 paragraph (A), accept jurisdiction over the ap20 peal, advance the appeal on the docket, and ex21 pedite the appeal. 

22 (c) EFFECTIVE DATE.—This joint resolution shall 

23 take effect at 12:00 p.m. on January 20, 2009. 

Æ 


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