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[110th Congress Public Law 455]
[From the U.S. Government Printing Office]

[DOCID: f:publ455.110]
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. <<NOTE: Dec. 19, 2008 -  [S.J. Res. 46]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. <<NOTE: 5 USC 5312 note.>> 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 action brought under this subsection. 
                Any <<NOTE: Deadline.>> 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.

    Approved December 19, 2008.

LEGISLATIVE HISTORY--S.J. Res. 46:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
            Dec. 10, considered and passed Senate and House.

                                  <all>
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