122 STAT. 5036 PUBLIC LAW 110–455—DEC. 19, 2008 

Public Law 110–455 

110th Congress 

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. 

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 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 

Deadline. action brought under this subsection. Any such appeal 

5 USC 5312 note. 

Dec. 19, 2008 

[S.J. Res. 46] 


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PUBLIC LAW 110–455—DEC. 19, 2008 122 STAT. 5037 

LEGISLATIVE HISTORY—S.J. Res. 46: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Dec. 10, considered and passed Senate and House. 

Æ 

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. 

Approved December 19, 2008. 


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