[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 5036

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

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122 STAT. 5037

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.