January 7, 2009 CONGRESSIONAL RECORD — HOUSE H45 

This legislation reverses that order by stating clearly that only current and former Presidents may assert ‘‘executive privilege.’’ The 

bill also grants current Presidents discretion 

over whether to support a former President’s 

assertion of privilege and places strict time 

limits for the current and former President to 

review records before they are released. 

Mr. TOWNS. I yield back the balance 

of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from New York (Mr. 

TOWNS) that the House suspend the 

rules and pass the bill, H.R. 35. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. TOWNS. Madam Speaker, on 

that I demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 

Chair’s prior announcement, further 

proceedings on this motion will be 

postponed. 

f 

PRESIDENTIAL LIBRARY 

DONATION REFORM ACT OF 2009 

Mr. TOWNS. Madam Speaker, I move 

to suspend the rules and pass the bill 

(H.R. 36) to amend title 44, United 

States Code, to require information on 

contributors to Presidential library 

fundraising organizations. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 36 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Presidential 

Library Donation Reform Act of 2009’’. 

SEC. 2. PRESIDENTIAL LIBRARIES. 

(a) IN GENERAL.—Section 2112 of title 44, 

United States Code, is amended by adding at 

the end the following new subsection: 

‘‘(h)(1) Any Presidential library fundraising organization shall submit on a quarterly basis, in accordance with paragraph (2), 

information with respect to every contributor who gave the organization a contribution or contributions (whether monetary or 

in-kind) totaling $200 or more for the quarterly period. 

‘‘(2) For purposes of paragraph (1)— 

‘‘(A) the entities to which information 

shall be submitted under that paragraph are 

the Administration, the Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on 

Homeland Security and Governmental Affairs of the Senate; 

‘‘(B) the dates by which information shall 

be submitted under that paragraph are April 

15, July 15, October 15, and January 15 of 

each year and of the following year (for the 

fourth quarterly filing); 

‘‘(C) the requirement to submit information under that paragraph shall continue 

until the later of the following occurs: 

‘‘(i) The Archivist has accepted, taken title 

to, or entered into an agreement to use any 

land or facility for the archival depository. 

‘‘(ii) The President whose archives are contained in the depository no longer holds the 

Office of President and a period of four years 

has expired (beginning on the date the President left the Office). 

‘‘(3) In this subsection: 

‘‘(A) The term ‘Presidential library fundraising organization’ means an organization 

that is established for the purpose of raising 

funds for creating, maintaining, expanding, 

or conducting activities at— 

‘‘(i) a Presidential archival depository; or 

‘‘(ii) any facilities relating to a Presidential archival depository. 

‘‘(B) The term ‘information’ means the following: 

‘‘(i) The amount or value of each contribution made by a contributor referred to in 

paragraph (1) in the quarter covered by the 

submission. 

‘‘(ii) The source of each such contribution, 

and the address of the entity or individual 

that is the source of the contribution. 

‘‘(iii) If the source of such a contribution is 

an individual, the occupation of the individual. 

‘‘(iv) The date of each such contribution. 

‘‘(4) The Archivist shall make available to 

the public through the Internet (or a successor technology readily available to the 

public) as soon as is practicable after each 

quarterly filing any information that is submitted under paragraph (1). The information 

shall be made available without a fee or 

other access charge, in a searchable, sortable, and downloadable database. 

‘‘(5)(A) It shall be unlawful for any person 

who makes a contribution described in paragraph (1) to knowingly and willfully submit 

false material information or omit material 

information with respect to the contribution 

to an organization described in such paragraph. 

‘‘(B) The penalties described in section 1001 

of title 18, United States Code, shall apply 

with respect to a violation of subparagraph 

(A) in the same manner as a violation described in such section. 

‘‘(6)(A) It shall be unlawful for any Presidential library fundraising organization to 

knowingly and willfully submit false material information or omit material information under paragraph (1). 

‘‘(B) The penalties described in section 1001 

of title 18, United States Code, shall apply 

with respect to a violation of subparagraph 

(A) in the same manner as a violation described in such section. 

‘‘(7)(A) It shall be unlawful for a person to 

knowingly and willfully— 

‘‘(i) make a contribution described in paragraph (1) in the name of another person; 

‘‘(ii) permit his or her name to be used to 

effect a contribution described in paragraph 

(1); or 

‘‘(iii) accept a contribution described in 

paragraph (1) that is made by one person in 

the name of another person. 

‘‘(B) The penalties set forth in section 

309(d) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of 

section 316(b)(3) of such Act (2 U.S.C. 

441b(b)(3)). 

‘‘(8) The Archivist shall promulgate regulations for the purpose of carrying out this 

subsection.’’. 

(b) APPLICABILITY.—Section 2112(h) of title 

44, United States Code (as added by subsection (a))— 

(1) shall apply to an organization established for the purpose of raising funds for 

creating, maintaining, expanding, or conducting activities at a Presidential archival 

depository or any facilities relating to a 

Presidential archival depository before, on 

or after the date of the enactment of this 

Act; and 

(2) shall only apply with respect to contributions (whether monetary or in-kind) 

made after the date of the enactment of this 

Act. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

New York (Mr. TOWNS) and the gentleman from California (Mr. ISSA) each 

will control 20 minutes. 

The Chair recognizes the gentleman 

from New York. 

GENERAL LEAVE

Mr. TOWNS. Madam Speaker, I ask 

unanimous consent that all Members 

may have 5 legislative days in which to 

revise and extend their remarks. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from New York? 

There was no objection. 

Mr. TOWNS. I yield myself as much 

time as I may consume. 

Madam Speaker, H.R. 36, the Presidential Library Donation Reform Act, 

will require organizations raising 

money to build Presidential libraries 

and their affiliated institutions to disclose the identities of their donors and 

the amount of their donations. Like 

the records bill just considered, an 

identical version of this bill was considered in the 110th Congress and 

passed the House with strong bipartisan support. 

Presidential libraries are becoming 

increasingly expensive, and fundraising 

for their construction begins during a 

President’s term. These are broad campuses with museums, conference centers, and other institutions, some of 

which are entirely separate from the 

federally run libraries. 

According to press reports, it cost 

more than $80 million to build George 

H.W. Bush’s library and $165 million to 

build the Clinton library. Press reports 

have suggested that the fundraising 

target for President Bush’s library is 

$500 million. 

Under current law, individuals, corporations and even foreign interests 

can make anonymous, unlimited donations to these organizations. Such donations can be made while the President is still in office. There is enormous potential for abuse in this system. Special interests could make 

multi-million dollar donations to a 

Presidential library foundation in an 

effort to influence the President, and 

the public would remain completely 

unaware. 

In order to prevent real abuse, as 

well as the perception of abuse, H.R. 36 

would require Presidential library 

foundations to divulge information 

about their donors while the President 

is in office and for the several years 

after the President’s term has ended. 

I again thank the ranking member, 

Mr. ISSA from California, for his cooperation on this bill and thank the 

previous chairman, Mr. WAXMAN, for 

his work in this as well. 

Madam Speaker, I reserve the balance of my time. 

Mr. ISSA. Madam Speaker, I yield 

myself such time as I may consume. 

Madam Speaker, I join with the 

chairman in recommending swift passage through the House for at least the 

third time. This bill has passed under 


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H46 CONGRESSIONAL RECORD — HOUSE January 7, 2009 

multiple authors, both Republican and 

Democrat. It is, by nature, one in 

which we believe we are appropriately 

asserting a daylight requirement on 

past and future Presidents and would 

certainly hope that we would view this 

bill as noncontroversial in most areas. 

Madam Speaker, our Nation’s Presidential 

libraries attract millions of visitors each year. 

They have become elaborate institutions, and 

the cost of building and maintaining these facilities has grown dramatically. 

Under current law, Presidential libraries are 

built with private funds, then turned over to the 

Archivist for operation. 

Amendments to the Presidential Libraries 

Act mandated the establishment of an endowment to cover some of the costs of operating 

the library, which are usually met through the 

establishment of a charitable organization. 

Funding for construction and the endowment comes from private sources. But under 

current law, no duty to disclose the source of 

those contributions exists. 

On both sides of the aisle, there is strong 

support for increasing disclosure. 

Earlier, under Mr. DUNCAN’s leadership, the 

House passed solid bipartisan legislation to require the disclosure of contributions to organizations that raise funds for Presidential libraries and related facilities. And a bill identical to 

the bill before us passed the House last year 

by a wide margin. 

We recognize the perception of impropriety 

that contributions to a Presidential library can 

raise, given the huge sums that must be 

amassed, and the attraction this avenue may 

hold for those seeking favors or influence. 

This legislation will provide a needed degree 

of transparency to that process. 

If I may, I am going to yield 2 minutes to the gentleman from Texas (Mr. 

GOHMERT) for a particular portion of 

the bill that he feels, before it becomes 

law, should ultimately be looked at. 

Mr. GOHMERT. Madam Speaker, I do 

appreciate my friend for yielding. 

This is a good overall idea. It’s a 

good bill in general. There needs to be 

more clarity. Many of us have wondered who is building these Presidential libraries, and this will help inform the public just who it is that’s 

doing that. 

The concern I have is that there is a 

provision in the bill for filing errors or 

omissions that could send somebody to 

prison for 5 years. Now as a former 

judge, I’ve presided over thousands and 

thousands of felony cases. I have sent I 

don’t know how many people to prison. 

That’s not a concern. My reputation 

was, as one criminal was overheard 

telling another, ‘‘He will give a fair 

trial, but if you’re guilty, you don’t 

want his court.’’ 

I don’t have a problem sending people 

to prison, but one thing, probably the 

best conservative organization as far as 

getting out the message, the Heritage 

Foundation, and the ACLU have actually been in agreement on, this body, 

almost on whims, throws in a prison 

sentence as an added provision, and we 

are having people go to prison who 

shouldn’t. If it is a dollar issue, then 

fine them 1 million, 10 million, whatever would be appropriate. But we 

should not, in this body, continually 

subject people to being taken down in 

their home, handcuffed when they 

made an error that should not be 

criminalized. 

So that is the concern I have. This 

never went through Judiciary. It has 

been through prior Congresses. It never 

went through Judiciary, the Crime 

Subcommittee, to look at that specific 

aspect. That is a concern, and it is 

something that we should not be doing, 

overcriminalizing provisions, by just 

sticking that in as an exclamation 

point. It needs to be well thought 

through before we provide a way to 

send somebody to prison. 

I appreciate the time. I hope that 

could be taken out because that is an 

aspect that’s inappropriate. 

Mr. TOWNS. Madam Speaker, let me 

just say to the gentleman that I really 

share a lot of his views, and I’m willing 

to continue to work with him in seeing 

in terms of what we might be able to 

do to strengthen this legislation. 

At this time, I yield 2 minutes to the 

gentleman from Missouri (Mr. CLAY). 

b 1045 

Mr. CLAY. Madam Speaker, I thank 

the chairman for yielding. 

As an original cosponsor of the Presidential Library Donation Act, I rise in 

strong support of H.R. 36, and I urge 

my colleagues to vote in favor of it. 

Federal election law limits the 

amount a single source can give to a 

political campaign and requires that 

donations and donor information be 

disclosed to the public. These requirements help to preserve the integrity of 

our democratic system by ensuring 

that campaign donors do not exercise 

undue influence over elected policymakers. 

Similar requirements do not apply to 

Presidential library fund-raising campaigns, and this creates the potential 

for large donors to exert, or appear to 

exert, improper influence over a sitting 

President. 

The fact that private foundations are 

required to raise money to build and 

maintain Presidential libraries lowers 

the burden on taxpayers, but it also increases the incentive to pursue aggressive fund-raising for libraries that have 

become more and more expensive over 

the years. 

Under H.R. 36, Presidential library 

foundations would be required to report on a quarterly basis all donations 

of $200 or more. This requirement 

would apply to donations made to the 

foundation during the time that the 

President is in office and during the period before the Archives agrees to use 

the land or the facility. 

In addition, the proposal calls on the 

Archivist to make all reports available 

to the public online through a searchable and downloadable database. 

I commend Chairman TOWNS for his 

leadership in bringing this bill to the 

floor, and I urge all of my colleagues to 

support this important bipartisan bill. 

Mr. ISSA. Madam Speaker, it’s my 

pleasure now to yield up to 10 minutes 

to the gentleman from Tennessee (Mr. 

DUNCAN), the author of the original bill 

substantially similar to the one today 

and a constant advocate for this type 

of transparency. 

Mr. DUNCAN. Madam Speaker, first 

of all, I will say I thank the gentleman 

from California, the ranking member, 

Mr. ISSA, for yielding me the time, but 

I won’t need nearly that much time. 

I want to thank the gentleman from 

New York, Chairman TOWNS, for his 

support of this issue and this legislation and his effort to bring this bill to 

the floor as one of the first bills considered in the 111th Congress, and I also 

want to thank the gentleman from 

California (Mr. ISSA) for his support of 

this legislation. 

I first introduced this bill in the 

106th Congress after reading a frontpage story in the Washington Times reporting that foreign governments from 

the Middle East were making large donations, very large donations, to the 

proposed library for President Clinton. 

I was concerned about the influence 

that donations by foreign governments 

and perhaps others could have since 

there was no policy requiring disclosure of donors. 

The topic of disclosing contributions 

made by private donors to Presidential 

library fund-raising organizations is of 

great concern to me. These organizations are formed while a President is in 

office and collect donations from individuals, corporations and foreign governments, with no limit on the contribution amount, and especially when 

there’s no requirement for disclosing 

the donor or the amounts being donated, there is great potential for 

abuse. 

After I introduced this bill, sometime 

after I introduced this bill, I learned of 

the very sizable donations, hundreds of 

thousands of dollars, given to the Clinton library by Marc Rich’s ex-wife, another close friend of the Clintons. Marc 

Rich, who fled the country after evading over $40 million in Federal income 

taxes, was granted a pardon on President Clinton’s last day in office. 

However, this is not a partisan issue. 

I introduced and have supported this 

legislation under both Democratic and 

Republican Presidents, and as Mr. ISSA

mentioned and Chairman TOWNS mentioned, it has passed overwhelmingly 

both times it was considered by the 

House previously. 

Previous attempts to move this bill 

were met with little interest, I suppose, in the Senate, but perhaps this 

time around they will take up this 

issue. 

This bill does not prohibit the contributions, including very large contributions. It simply requires Presidential library fund-raisers to disclose 

donations over $200. 

We’re back once again, Madam 

Speaker, today, to try to pass this bill 

to provide some openness and transparency on the donations made to 

these organizations and on what could 

be the potential for abuse under a 

President of either party in the future. 


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January 7, 2009 CONGRESSIONAL RECORD — HOUSE H47 

The price to build these libraries, as 

Chairman TOWNS mentioned, has increased dramatically over the last few 

years from $80 million to the $200 to 

$500 million estimated for the current 

President’s library. 

I think this bill promotes good government and is something that all of 

my colleagues should be proud to support. If we pass this legislation, it will 

certainly help to prevent the potential 

for serious abuse in the years ahead. 

And like Chairman TOWNS, I will be 

glad to work with the gentleman from 

Texas (Mr. GOHMERT). I did not have 

that severe of a penalty in the first legislation that I originally worked on 

many years ago. 

But once again, I want to thank all 

of my colleagues on both sides of the 

aisle for their support. This is a very 

bipartisan bill, and I urge its adoption 

by this Congress. 

Mr. TOWNS. Madam Speaker, may I 

ask how many speakers does the minority have left. 

Mr. ISSA. We have no further speakers at this time. If the gentleman’s prepared to close, I will be brief. 

Mr. TOWNS. I’m prepared to close. 

Mr. ISSA. Madam Speaker, I yield 

myself such time as I may consume 

simply to say that I look forward to 

working with the chairman on any perfecting language here or in the Senate 

necessary to make this an even more 

acceptable bill to all Members because 

I believe that, as Mr. DUNCAN said, this 

is a bill whose time has come. We have 

been more than 6 years attempting to 

have this happen. 

I think one thing that is very clear is 

that we could talk about library A, library B, library C, but as President 

Bush leaves office and that library is 

going to be built in Dallas, I think the 

American people will want to know 

every bit as much as with any previous 

President that that money was given 

by people who appreciated the legacy 

of that President and not by people 

who appreciated specific actions of 

that President in real-time. 

And so I join with the majority and 

Mr. DUNCAN, as the original author of 

some time ago, in asking for quick passage of a bill, perfected as necessary in 

the work that I expect we will do together. 

I yield back the balance of my time. 

Mr. TOWNS. Madam Speaker, our 

President-elect has talked a lot about 

transparency. He’s really interested in 

transparency. So improving transparency of donations to Presidential libraries, as this bill does, will assure 

the American people that their Presidents are not being influenced by unknown persons or groups. 

Open government is an important 

goal of the Congress and the incoming 

administration, and I hope today’s bill 

is just the right kind of bill to move 

forward with that in mind. 

Let me say, Madam Speaker, this is a 

good piece of legislation, and I’m hoping that my colleagues join me in supporting this bill. I want to thank the 

minority for their support, and of 

course, we will continue to look and 

see how we might be able to improve 

the legislation, but I really feel that 

this is a giant step in the right direction. Transparency is something that 

we cannot lose sight of. 

Mr. WAXMAN. Madam Speaker, I thank 

Representative TOWNS for bringing this bill to 

the floor today. H.R. 36, the Presidential Library Donation Reform Act has a simple purpose. It requires that the organizations created 

to raise money for presidential libraries and 

their affiliated institutions disclose information 

about their donors. 

The lack of any such requirement creates 

opportunities for abuse. Under current law, 

anybody can give to these organizations anonymously, even while the President is still in office. These donations could be used to influence presidential decision-making with no 

public disclosure. 

This is not the first time this bill has come 

before the House. In 2001, Representative 

DUNCAN introduced similar legislation. I thank 

him for his early leadership on this issue. And 

in 2007, I introduced H.R. 1254 with Representatives DUNCAN, CLAY, PLATTS, and 

EMANUEL. That bill passed the House with an 

overwhelming majority in the last Congress. I 

urge my colleagues once again to support this 

straightforward legislation. 

Mr. VAN HOLLEN. Madam Speaker, today, 

the House considers the Presidential Libraries 

Donation Reform Act. I was a cosponsor of 

this bill when it was originally introduced in 

2007 and I am proud to stand in support of it 

today. 

Under current law, a sitting president can 

accept private donations in unlimited amounts 

for the purpose of building a presidential library. There is no requirement that the donor’s 

identity or the amount of the donation be disclosed. The potential for abuse here is obvious. 

This bill requires presidential libraries fundraising organizations to disclose to Congress 

information about the donors and their donations during and immediately following the 

president’s term in office. 

The bill originally passed the House on suspension in March 2007, and returns to the 

House floor today after receiving strong support in the Senate. 

I encourage my colleagues to join me in 

supporting this important piece of bipartisan 

legislation. 

Ms. JACKSON-LEE of Texas. Madam 

Speaker, I thank Congressman TOWNS for attempting to bring greater transparency to presidential library fundraising efforts with H.R. 36, 

the ‘‘Presidential Library Donation Reform Act 

of 2009.’’ 

We are facing a new day, with a new administration, and a new Democratic majority. 

That is why it is important that we stay true to 

our core values of fairness, transparency, a 

accountability. 

Starting with the lobbying and ethics reform, 

we as a body understand that a responsible 

government allows for openness. This legislation continues to rebuild our trust with the 

American people. 

This legislation requires in part that, ‘‘any 

Presidential library fundraising organization 

shall submit on a quarterly basis with respect 

to every contributor who gave the organization 

a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the 

quarterly period.’’ 

Under current law, private organizations established for the purpose of building a presidential library can raise unlimited amounts of 

money from undisclosed donors while the 

President remains in office. It takes nothing 

more than common sense to see the potential 

for abuse in this area and the need for basic 

reform. 

Presidential libraries serve an important purpose as depositories of presidential papers 

and centers for historical research. In 1939, 

President Franklin Roosevelt came up with the 

idea of a privately-built, but federally maintained library to house his presidential papers. 

This split of responsibilities between the 

public and the private sectors has continued 

and has since been codified into law. In 1955, 

the Presidential Libraries Act formally established a system under which federally maintained libraries would be built using funds 

raised by private organizations. More recent 

amendments have required these private organizations to provide an operating endowment to the National Archives in addition to 

the library building. 

Just as the funding requirements have 

grown, so have the libraries and their affiliated 

institutions. Now these libraries are much 

more than basic research facilities. They include museums and conference centers along 

with other tourist attractions; they are getting 

more costly all the time. 

The George H.W. Bush library was reported 

to cost more than $80 million to build. The 

Clinton library and museum cost about $165 

million to build. News reports have indicated 

that the fundraising goal for President Bush’s 

library is $500 million—half a billion dollars— 

before this institution is completed. 

The vast scale of these secret fundraising 

efforts creates opportunities for abuse. Donors 

who do not need to be identified can give unlimited amounts of money to support these libraries while the President remains in office. 

This legislation would require that presidential libraries disclose the identity of their 

donors to Congress and the National Archives 

during their period of most intense fundraising, 

which is while the President is in office and in 

the several years after the end of his term. 

This legislation is but one part of a larger effort by this Congress to restore honesty and 

accountability in the Federal Government. 

CONCLUSION

Madam Speaker, I want to thank Chairman 

TOWNS and the Committee on Oversight and 

Government Reform for helping us build a 

strong foundation of trust with the American 

people. I ask my colleagues to support me in 

supporting H.R. 36. 

Mr. TOWNS. On that note, Madam 

Speaker, I yield back the balance of 

my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from New York (Mr. 

TOWNS) that the House suspend the 

rules and pass the bill, H.R. 36. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. TOWNS. Madam Speaker, on 

that I demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 


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H48 CONGRESSIONAL RECORD — HOUSE January 7, 2009 

Chair’s prior announcement, further 

proceedings on this motion will be 

postponed. 

f 

ENSURING THAT THE COMPENSATION AND OTHER EMOLUMENTS 

ATTACHED TO THE OFFICE OF 

THE SECRETARY OF THE INTERIOR ARE THOSE WHICH WERE 

IN EFFECT ON JANUARY 1, 2005 

Mr. TOWNS. Madam Speaker, I move 

to suspend the rules and agree to the 

Senate joint resolution (S.J. Res. 3), 

ensuring that the compensation and 

other emoluments attached to the office of Secretary of the Interior are 

those which were in effect on January 

1, 2005. 

The Clerk read the title of the Senate 

joint resolution. 

The text of the Senate joint resolution is as follows: 

S.J. RES. 3 

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 THE INTERIOR. 

(a) IN GENERAL.—The compensation and 

other emoluments attached to the office of 

Secretary of the Interior shall be those in effect January 1, 2005, 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, 2005, and ending at noon of January 3, 

2011. 

(b) CIVIL ACTION AND APPEAL.— 

(1) JURISDICTION.—Any person aggrieved by 

an action of the Secretary of the Interior 

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 the Interior 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 the Interior 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 the 

Interior under article I, section 6, clause 2, of 

the Constitution, entered in any action 

brought under this subsection. Any 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. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

New York (Mr. TOWNS) and the gentleman from California (Mr. ISSA) each 

will control 20 minutes. 

The Chair recognizes the gentleman 

from New York. 

GENERAL LEAVE

Mr. TOWNS. Madam Speaker, I ask 

unanimous consent that all Members 

have 5 legislative days in which to revise and extend their remarks. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from New York? 

There was no objection. 

Mr. TOWNS. I yield myself as much 

time as I may consume. 

S.J. Res. 3 is a measure needed to ensure Senator SALAZAR of Colorado will 

be able to serve our country as the Secretary of the Interior during the 

Obama administration. 

The Constitution provides that no 

Member of the House or Senate may be 

appointed to an office in the Federal 

Government for which the salary was 

raised during the Member’s term. Fortunately, this does not prohibit the appointment of Senators or House Members to positions in the executive 

branch and will not prevent Senator 

SALAZAR from becoming Secretary of 

the Interior. 

Numerous historical precedents and 

Justice Department interpretations 

hold that such appointments are, in 

fact, permissible so long as the salary 

is set at the level it was before the appointee’s term began. 

This long-standing practice dates 

back at least 100 years and is often referred to as the ‘‘Saxbe Fix,’’ referring 

to the solution which set the salary for 

President Nixon’s nominee for Attorney General, William Saxbe, so that it 

would reflect the salary level in place 

before his congressional term of office 

began. 

Other Cabinet officials appointed 

under such arrangement include Secretary of State Edmund Muskie and 

Secretary of the Treasury Lloyd Bentsen. The House also passed a similar 

measure by unanimous consent just 

last December to ensure that Senator 

CLINTON may serve as Secretary of 

State. 

This is a commonsense solution with 

ample precedent, which I urge all Members to support. 

Madam Speaker, I reserve the balance of my time. 

Mr. ISSA. Madam Speaker, I yield 

myself such time as I may consume. 

Madam Speaker, I am strongly in 

support of this resolution as necessary 

and appropriate. It is sort of interesting to have to bring a vote to give 

somebody less money and save the taxpayers money, but I’m pleased to do it 

at any time, and hopefully we will find 

larger savings as the year goes on. 

But I would like to comment on one 

thing. This is obviously something that 

we’ve agreed on beforehand and we 

look forward to quick passage, but I 

am committed here today, and would 

say on the floor with the chairman, to 

going back to committee to drafting a 

broader bill, one we would bring before 

the House within a few days that would 

cover Congresswoman HILDA SOLIS, 

former Congressman Ray LaHood, and 

other Members who are going to be in 

the same situation of having voted for 

the tax bill or been present for it and 

are going to be, in all likelihood, in the 

President’s Cabinet. I believe that we 

should bring a piece of legislation that, 

on a blanket basis, says if you want to 

accept the job, you will accept the 

lower pay. 

So, although I was pleased to be on 

the floor and participate in the UC, I 

am pleased to do this. I would hope 

that for judicial expedience that we 

would bring a single bill in the next 

coming weeks that would cover anyone 

who chooses in the first 2 years to be in 

the Obama administration, and I look 

forward to the savings that will come 

from those appointments. 

I reserve the balance of my time. 

Mr. TOWNS. Let me just say to the 

gentleman that he makes a very good 

point, and we will review it and see in 

terms of what we can do to be able to 

move things along. Also, I’m for saving. Any way we can save, let’s do it. 

S.J. Res. 3 sets the salary of the Secretary of the Interior to the level in effect on January 1, 2005, before the start 

of Senator SALAZAR’s term, satisfying 

the constitutional requirements. I urge 

Members to support the resolution and, 

of course, look forward to working 

with my colleague in terms of being 

able to look at a broader kind of legislation to be able to deal with others 

who might be moving forward or going 

into the administration. 

Madam Speaker, I don’t have any 

other speakers, and I want to know if 

the minority has any other speakers. 

Mr. ISSA. Madam Speaker, I have no 

other speakers and would yield back. 

Mr. TOWNS. Madam Speaker, on 

that note, I ask my colleagues to be 

supportive of this legislation because, 

after all, I think that when we look at 

the service that is provided and what it 

is going to do in the days ahead, I 

think we should be supportive. 

I yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from New York (Mr. 

TOWNS) that the House suspend the 

rules and agree to the Senate joint resolution, S.J. Res. 3. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the Senate 

joint resolution was agreed to. 

A motion to reconsider was laid on 

the table. 


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