110TH CONGRESS 

2D SESSION S. J. RES. 46 

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 

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

12 effective during the period beginning at noon of January 

13 3, 2007, and ending at noon of January 3, 2013. 

14 (b) CIVIL ACTION AND APPEAL.— 

15 (1) JURISDICTION.—Any person aggrieved by 

16 an action of the Secretary of State may bring a civil 
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•SJ 46 ES 

1 action in the United States District Court for the 

2 District of Columbia to contest the constitutionality 

3 of the appointment and continuance in office of the 

4 Secretary of State on the ground that such appoint5 ment and continuance in office is in violation of arti6 cle I, section 6, clause 2, of the Constitution. The 

7 United States District Court for the District of Co8 lumbia shall have exclusive jurisdiction over such a 

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

10 the matter in controversy. 

11 (2) THREE JUDGE PANEL.—Any claim chal12 lenging the constitutionality of the appointment and 

13 continuance in office of the Secretary of State on 

14 the ground that such appointment and continuance 

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

16 2, of the Constitution, in an action brought under 

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

18 panel of three judges in accordance with section 

19 2284 of title 28, United States Code. It shall be the 

20 duty of the district court to advance on the docket 

21 and to expedite the disposition of any matter 

22 brought under this subsection. 

23 (3) APPEAL.— 

24 (A) DIRECT APPEAL TO SUPREME

25 COURT.—An appeal may be taken directly to 
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1 the Supreme Court of the United States from 

2 any interlocutory or final judgment, decree, or 

3 order upon the validity of the appointment and 

4 continuance in office of the Secretary of State 

5 under article I, section 6, clause 2, of the Con6 stitution, entered in any action brought under 

7 this subsection. Any such appeal shall be taken 

8 by a notice of appeal filed within 20 days after 

9 such judgment, decree, or order is entered. 

10 (B) JURISDICTION.—The Supreme Court 

11 shall, if it has not previously ruled on the ques12 tion presented by an appeal taken under sub13 paragraph (A), accept jurisdiction over the ap14 peal, advance the appeal on the docket, and ex15 pedite the appeal. 

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

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

Passed the Senate December 10, 2008. 

Attest: 

Secretary. 
110TH CONGRESS 

2D SESSION S. J. RES. 46 

JOINT RESOLUTION 

Ensuring that the compensation and other emolu2007. are those which were in effect on January 1, ments attached to the office of Secretary of State