January 7, 2009 — HOUSE H45 This legislation reverses that order by stat- ‘‘(3) In this subsection: The SPEAKER pro tempore. Pursu- ing clearly that only current and former Presi- ‘‘(A) The term ‘Presidential library fund- ant to the rule, the gentleman from dents may assert ‘‘.’’ The raising organization’ means an organization New York (Mr. TOWNS) and the gen- that is established for the purpose of raising tleman from California (Mr. ISSA) each bill also grants current Presidents discretion funds for creating, maintaining, expanding, over whether to support a former President’s or conducting activities at— will control 20 minutes. assertion of privilege and places strict time ‘‘(i) a Presidential archival depository; or The Chair recognizes the gentleman limits for the current and former President to ‘‘(ii) any facilities relating to a Presi- from New York. review records before they are released. dential archival depository. GENERAL LEAVE Mr. TOWNS. I yield back the balance ‘‘(B) The term ‘information’ means the fol- Mr. TOWNS. Madam Speaker, I ask of my time. lowing: that all Members The SPEAKER pro tempore. The ‘‘(i) The amount or value of each contribu- may have 5 legislative days in which to question is on the motion offered by tion made by a contributor referred to in paragraph (1) in the quarter covered by the revise and extend their remarks. the gentleman from New York (Mr. submission. The SPEAKER pro tempore. Is there TOWNS) that the House suspend the ‘‘(ii) The source of each such contribution, objection to the request of the gen- rules and pass the bill, H.R. 35. and the address of the entity or individual tleman from New York? The question was taken. that is the source of the contribution. There was no objection. The SPEAKER pro tempore. In the ‘‘(iii) If the source of such a contribution is Mr. TOWNS. I yield myself as much opinion of the Chair, two-thirds being an individual, the occupation of the indi- time as I may consume. in the affirmative, the ayes have it. vidual. Madam Speaker, H.R. 36, the Presi- Mr. TOWNS. Madam Speaker, on ‘‘(iv) The date of each such contribution. dential Library Donation Reform Act, ‘‘(4) The Archivist shall make available to that I demand the yeas and nays. the public through the Internet (or a suc- will require organizations raising The yeas and nays were ordered. cessor technology readily available to the money to build Presidential libraries The SPEAKER pro tempore. Pursu- public) as soon as is practicable after each and their affiliated institutions to dis- ant to clause 8 of rule XX and the quarterly filing any information that is sub- close the identities of their donors and Chair’s prior announcement, further mitted under paragraph (1). The information the amount of their donations. Like proceedings on this motion will be shall be made available without a fee or the records bill just considered, an postponed. other access charge, in a searchable, sort- identical version of this bill was con- able, and downloadable database. f ‘‘(5)(A) It shall be unlawful for any person sidered in the 110th Congress and PRESIDENTIAL LIBRARY who makes a contribution described in para- passed the House with strong bipar- DONATION REFORM ACT OF 2009 graph (1) to knowingly and willfully submit tisan support. false material information or omit material Presidential libraries are becoming Mr. TOWNS. Madam Speaker, I move information with respect to the contribution increasingly expensive, and fundraising to suspend the rules and pass the bill to an organization described in such para- for their construction begins during a (H.R. 36) to amend title 44, United graph. President’s term. These are broad cam- States Code, to require information on ‘‘(B) The penalties described in section 1001 puses with museums, conference cen- of title 18, , shall apply contributors to Presidential library ters, and other institutions, some of fundraising organizations. with respect to a violation of subparagraph (A) in the same manner as a violation de- which are entirely separate from the The Clerk read the title of the bill. scribed in such section. federally run libraries. The text of the bill is as follows: ‘‘(6)(A) It shall be unlawful for any Presi- According to press reports, it cost H.R. 36 dential library fundraising organization to more than $80 million to build George Be it enacted by the Senate and House of Rep- knowingly and willfully submit false mate- H.W. Bush’s library and $165 million to resentatives of the United States of America in rial information or omit material informa- build the Clinton library. Press reports Congress assembled, tion under paragraph (1). ‘‘(B) The penalties described in section 1001 have suggested that the fundraising SECTION 1. SHORT TITLE. of title 18, United States Code, shall apply target for President Bush’s library is This Act may be cited as the ‘‘Presidential with respect to a violation of subparagraph $500 million. Library Donation Reform Act of 2009’’. (A) in the same manner as a violation de- Under current law, individuals, cor- SEC. 2. PRESIDENTIAL LIBRARIES. scribed in such section. porations and even foreign interests (a) IN GENERAL.—Section 2112 of title 44, ‘‘(7)(A) It shall be unlawful for a person to can make anonymous, unlimited dona- United States Code, is amended by adding at knowingly and willfully— the end the following new subsection: tions to these organizations. Such do- ‘‘(i) make a contribution described in para- nations can be made while the Presi- ‘‘(h)(1) Any Presidential library fund- graph (1) in the name of another person; raising organization shall submit on a quar- ‘‘(ii) permit his or her name to be used to dent is still in office. There is enor- terly basis, in accordance with paragraph (2), effect a contribution described in paragraph mous potential for abuse in this sys- information with respect to every contrib- (1); or tem. Special interests could make utor who gave the organization a contribu- ‘‘(iii) accept a contribution described in multi-million dollar donations to a tion or contributions (whether monetary or paragraph (1) that is made by one person in Presidential library foundation in an in-kind) totaling $200 or more for the quar- the name of another person. effort to influence the President, and terly period. ‘‘(B) The penalties set forth in section the public would remain completely ‘‘(2) For purposes of paragraph (1)— 309(d) of the Federal Election Campaign Act ‘‘(A) the entities to which information of 1971 (2 U.S.C. 437g(d)) shall apply to a vio- unaware. shall be submitted under that paragraph are lation of subparagraph (A) in the same man- In order to prevent real abuse, as the Administration, the Committee on Over- ner as if such violation were a violation of well as the perception of abuse, H.R. 36 sight and Government Reform of the House section 316(b)(3) of such Act (2 U.S.C. would require Presidential library of Representatives, and the Committee on 441b(b)(3)). foundations to divulge information Homeland Security and Governmental Af- ‘‘(8) The Archivist shall promulgate regula- about their donors while the President fairs of the Senate; tions for the purpose of carrying out this is in office and for the several years ‘‘(B) the dates by which information shall subsection.’’. after the President’s term has ended. be submitted under that paragraph are April (b) APPLICABILITY.—Section 2112(h) of title 15, July 15, October 15, and January 15 of 44, United States Code (as added by sub- I again thank the , each year and of the following year (for the section (a))— Mr. ISSA from California, for his co- fourth quarterly filing); (1) shall apply to an organization estab- operation on this bill and thank the ‘‘(C) the requirement to submit informa- lished for the purpose of raising funds for previous chairman, Mr. WAXMAN, for tion under that paragraph shall continue creating, maintaining, expanding, or con- his work in this as well. until the later of the following occurs: ducting activities at a Presidential archival Madam Speaker, I reserve the bal- ‘‘(i) The Archivist has accepted, taken title depository or any facilities relating to a ance of my time. to, or entered into an agreement to use any Presidential archival depository before, on Mr. ISSA. Madam Speaker, I yield land or facility for the archival depository. or after the date of the enactment of this ‘‘(ii) The President whose archives are con- Act; and myself such time as I may consume. tained in the depository no longer holds the (2) shall only apply with respect to con- Madam Speaker, I join with the Office of President and a period of four years tributions (whether monetary or in-kind) chairman in recommending swift pas- has expired (beginning on the date the Presi- made after the date of the enactment of this sage through the House for at least the dent left the Office). Act. third time. This bill has passed under

VerDate Nov 24 2008 01:20 Jan 08, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.019 H07JAPT1 wwoods2 on PRODPC68 with HOUSE H46 CONGRESSIONAL RECORD — HOUSE January 7, 2009 multiple authors, both Republican and should not, in this body, continually to the gentleman from Tennessee (Mr. Democrat. It is, by nature, one in subject people to being taken down in DUNCAN), the author of the original bill which we believe we are appropriately their home, handcuffed when they substantially similar to the one today asserting a daylight requirement on made an error that should not be and a constant advocate for this type past and future Presidents and would criminalized. of transparency. certainly hope that we would view this So that is the concern I have. This Mr. DUNCAN. Madam Speaker, first bill as noncontroversial in most areas. never went through Judiciary. It has of all, I will say I thank the gentleman Madam Speaker, our Nation’s Presidential been through prior Congresses. It never from California, the ranking member, libraries attract millions of visitors each year. went through Judiciary, the Crime Mr. ISSA, for yielding me the time, but They have become elaborate institutions, and Subcommittee, to look at that specific I won’t need nearly that much time. the cost of building and maintaining these fa- aspect. That is a concern, and it is I want to thank the gentleman from cilities has grown dramatically. something that we should not be doing, New York, Chairman TOWNS, for his Under current law, Presidential libraries are overcriminalizing provisions, by just support of this issue and this legisla- built with private funds, then turned over to the sticking that in as an exclamation tion and his effort to bring this bill to Archivist for operation. point. It needs to be well thought the floor as one of the first bills consid- Amendments to the Presidential Libraries through before we provide a way to ered in the 111th Congress, and I also Act mandated the establishment of an endow- send somebody to prison. want to thank the gentleman from ment to cover some of the costs of operating I appreciate the time. I hope that California (Mr. ISSA) for his support of the library, which are usually met through the could be taken out because that is an this legislation. establishment of a charitable organization. aspect that’s inappropriate. I first introduced this bill in the Funding for construction and the endow- Mr. TOWNS. Madam Speaker, let me 106th Congress after reading a front- ment comes from private sources. But under just say to the gentleman that I really page story in the Washington Times re- current law, no duty to disclose the source of share a lot of his views, and I’m willing porting that foreign governments from those contributions exists. to continue to work with him in seeing the Middle East were making large do- On both sides of the aisle, there is strong in terms of what we might be able to nations, very large donations, to the support for increasing disclosure. do to strengthen this legislation. proposed library for President Clinton. Earlier, under Mr. DUNCAN’s leadership, the At this time, I yield 2 minutes to the I was concerned about the influence House passed solid bipartisan legislation to re- gentleman from Missouri (Mr. CLAY). that donations by foreign governments quire the disclosure of contributions to organi- and perhaps others could have since b 1045 there was no policy requiring disclo- zations that raise funds for Presidential librar- Mr. CLAY. Madam Speaker, I thank ies and related facilities. And a bill identical to sure of donors. the chairman for yielding. The topic of disclosing contributions the bill before us passed the House last year As an original cosponsor of the Presi- made by private donors to Presidential by a wide margin. dential Library Donation Act, I rise in library fund-raising organizations is of We recognize the perception of impropriety strong support of H.R. 36, and I urge great concern to me. These organiza- that contributions to a Presidential library can my colleagues to vote in favor of it. tions are formed while a President is in raise, given the huge sums that must be Federal election law limits the office and collect donations from indi- amassed, and the attraction this avenue may amount a single source can give to a viduals, corporations and foreign gov- hold for those seeking favors or influence. political campaign and requires that ernments, with no limit on the con- This legislation will provide a needed degree donations and donor information be tribution amount, and especially when of transparency to that process. disclosed to the public. These require- there’s no requirement for disclosing If I may, I am going to yield 2 min- ments help to preserve the integrity of the donor or the amounts being do- utes to the gentleman from Texas (Mr. our democratic system by ensuring nated, there is great potential for GOHMERT) for a particular portion of that campaign donors do not exercise abuse. the bill that he feels, before it becomes undue influence over elected policy- After I introduced this bill, sometime law, should ultimately be looked at. makers. after I introduced this bill, I learned of Mr. GOHMERT. Madam Speaker, I do Similar requirements do not apply to the very sizable donations, hundreds of appreciate my friend for yielding. Presidential library fund-raising cam- thousands of dollars, given to the Clin- This is a good overall idea. It’s a paigns, and this creates the potential ton library by Marc Rich’s ex-wife, an- good bill in general. There needs to be for large donors to exert, or appear to other close friend of the Clintons. Marc more clarity. Many of us have won- exert, improper influence over a sitting Rich, who fled the country after evad- dered who is building these Presi- President. ing over $40 million in Federal income dential libraries, and this will help in- The fact that private foundations are taxes, was granted a pardon on Presi- form the public just who it is that’s required to raise money to build and dent Clinton’s last day in office. doing that. maintain Presidential libraries lowers However, this is not a partisan issue. The concern I have is that there is a the burden on taxpayers, but it also in- I introduced and have supported this provision in the bill for filing errors or creases the incentive to pursue aggres- legislation under both Democratic and omissions that could send somebody to sive fund-raising for libraries that have Republican Presidents, and as Mr. ISSA prison for 5 years. Now as a former become more and more expensive over mentioned and Chairman TOWNS men- judge, I’ve presided over thousands and the years. tioned, it has passed overwhelmingly thousands of felony cases. I have sent I Under H.R. 36, Presidential library both times it was considered by the don’t know how many people to prison. foundations would be required to re- House previously. That’s not a concern. My reputation port on a quarterly basis all donations Previous attempts to move this bill was, as one criminal was overheard of $200 or more. This requirement were met with little interest, I sup- telling another, ‘‘He will give a fair would apply to donations made to the pose, in the Senate, but perhaps this trial, but if you’re guilty, you don’t foundation during the time that the time around they will take up this want his court.’’ President is in office and during the pe- issue. I don’t have a problem sending people riod before the Archives agrees to use This bill does not prohibit the con- to prison, but one thing, probably the the land or the facility. tributions, including very large con- best conservative organization as far as In addition, the proposal calls on the tributions. It simply requires Presi- getting out the message, the Heritage Archivist to make all reports available dential library fund-raisers to disclose Foundation, and the ACLU have actu- to the public online through a search- donations over $200. ally been in agreement on, this body, able and downloadable database. We’re back once again, Madam almost on whims, throws in a prison I commend Chairman TOWNS for his Speaker, today, to try to pass this bill sentence as an added provision, and we leadership in bringing this bill to the to provide some openness and trans- are having people go to prison who floor, and I urge all of my colleagues to parency on the donations made to shouldn’t. If it is a dollar issue, then support this important bipartisan bill. these organizations and on what could fine them 1 million, 10 million, what- Mr. ISSA. Madam Speaker, it’s my be the potential for abuse under a ever would be appropriate. But we pleasure now to yield up to 10 minutes President of either party in the future.

VerDate Nov 24 2008 01:20 Jan 08, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.016 H07JAPT1 wwoods2 on PRODPC68 with HOUSE January 7, 2009 CONGRESSIONAL RECORD — HOUSE H47 The price to build these libraries, as minority for their support, and of tary or in-kind) totaling $200 or more for the Chairman TOWNS mentioned, has in- course, we will continue to look and quarterly period.’’ creased dramatically over the last few see how we might be able to improve Under current law, private organizations es- years from $80 million to the $200 to the legislation, but I really feel that tablished for the purpose of building a presi- $500 million estimated for the current this is a giant step in the right direc- dential library can raise unlimited amounts of President’s library. tion. Transparency is something that money from undisclosed donors while the I think this bill promotes good gov- we cannot lose sight of. President remains in office. It takes nothing ernment and is something that all of Mr. WAXMAN. Madam Speaker, I thank more than common sense to see the potential my colleagues should be proud to sup- Representative TOWNS for bringing this bill to for abuse in this area and the need for basic port. If we pass this legislation, it will the floor today. H.R. 36, the Presidential Li- reform. certainly help to prevent the potential brary Donation Reform Act has a simple pur- Presidential libraries serve an important pur- for serious abuse in the years ahead. pose. It requires that the organizations created pose as depositories of presidential papers And like Chairman TOWNS, I will be to raise money for presidential libraries and and centers for historical research. In 1939, glad to work with the gentleman from their affiliated institutions disclose information President Franklin Roosevelt came up with the Texas (Mr. GOHMERT). I did not have about their donors. idea of a privately-built, but federally main- that severe of a penalty in the first leg- The lack of any such requirement creates tained library to house his presidential papers. islation that I originally worked on opportunities for abuse. Under current law, This split of responsibilities between the many years ago. anybody can give to these organizations anon- public and the private sectors has continued But once again, I want to thank all ymously, even while the President is still in of- and has since been codified into law. In 1955, of my colleagues on both sides of the fice. These donations could be used to influ- the Presidential Libraries Act formally estab- aisle for their support. This is a very ence presidential decision-making with no lished a system under which federally main- bipartisan bill, and I urge its adoption public disclosure. tained libraries would be built using funds by this Congress. This is not the first time this bill has come raised by private organizations. More recent Mr. TOWNS. Madam Speaker, may I before the House. In 2001, Representative amendments have required these private or- ask how many speakers does the mi- DUNCAN introduced similar legislation. I thank ganizations to provide an operating endow- nority have left. him for his early leadership on this issue. And ment to the National Archives in addition to Mr. ISSA. We have no further speak- in 2007, I introduced H.R. 1254 with Rep- the library building. ers at this time. If the gentleman’s pre- resentatives DUNCAN, CLAY, PLATTS, and Just as the funding requirements have pared to close, I will be brief. EMANUEL. That bill passed the House with an grown, so have the libraries and their affiliated Mr. TOWNS. I’m prepared to close. overwhelming majority in the last Congress. I institutions. Now these libraries are much Mr. ISSA. Madam Speaker, I yield urge my colleagues once again to support this more than basic research facilities. They in- myself such time as I may consume straightforward legislation. clude museums and conference centers along simply to say that I look forward to Mr. VAN HOLLEN. Madam Speaker, today, with other tourist attractions; they are getting working with the chairman on any per- the House considers the Presidential Libraries more costly all the time. fecting language here or in the Senate Donation Reform Act. I was a cosponsor of The George H.W. Bush library was reported necessary to make this an even more this bill when it was originally introduced in to cost more than $80 million to build. The acceptable bill to all Members because 2007 and I am proud to stand in support of it Clinton library and museum cost about $165 I believe that, as Mr. DUNCAN said, this today. million to build. News reports have indicated is a bill whose time has come. We have Under current law, a sitting president can that the fundraising goal for President Bush’s been more than 6 years attempting to accept private donations in unlimited amounts library is $500 million—half a billion dollars— have this happen. for the purpose of building a presidential li- before this institution is completed. The vast scale of these secret fundraising I think one thing that is very clear is brary. There is no requirement that the donor’s efforts creates opportunities for abuse. Donors that we could talk about library A, li- identity or the amount of the donation be dis- who do not need to be identified can give un- brary B, library C, but as President closed. The potential for abuse here is obvi- limited amounts of money to support these li- Bush leaves office and that library is ous. braries while the President remains in office. going to be built in Dallas, I think the This bill requires presidential libraries fund- This legislation would require that presi- American people will want to know raising organizations to disclose to Congress dential libraries disclose the identity of their every bit as much as with any previous information about the donors and their dona- donors to Congress and the National Archives President that that money was given tions during and immediately following the during their period of most intense fundraising, by people who appreciated the legacy president’s term in office. which is while the President is in office and in of that President and not by people The bill originally passed the House on sus- the several years after the end of his term. who appreciated specific actions of pension in March 2007, and returns to the This legislation is but one part of a larger ef- that President in real-time. House floor today after receiving strong sup- fort by this Congress to restore honesty and And so I join with the majority and port in the Senate. accountability in the Federal Government. Mr. DUNCAN, as the original author of I encourage my colleagues to join me in CONCLUSION some time ago, in asking for quick pas- supporting this important piece of bipartisan Madam Speaker, I want to thank Chairman sage of a bill, perfected as necessary in legislation. TOWNS and the Committee on Oversight and the work that I expect we will do to- Ms. JACKSON-LEE of Texas. Madam Government Reform for helping us build a gether. Speaker, I thank Congressman TOWNS for at- strong foundation of trust with the American I yield back the balance of my time. tempting to bring greater transparency to pres- people. I ask my colleagues to support me in Mr. TOWNS. Madam Speaker, our idential library fundraising efforts with H.R. 36, President-elect has talked a lot about supporting H.R. 36. the ‘‘Presidential Library Donation Reform Act Mr. TOWNS. On that note, Madam transparency. He’s really interested in of 2009.’’ Speaker, I yield back the balance of transparency. So improving trans- We are facing a new day, with a new ad- my time. parency of donations to Presidential li- ministration, and a new Democratic majority. The SPEAKER pro tempore. The braries, as this bill does, will assure That is why it is important that we stay true to question is on the motion offered by the American people that their Presi- our core values of fairness, transparency, a the gentleman from New York (Mr. dents are not being influenced by un- accountability. TOWNS) that the House suspend the known persons or groups. Starting with the lobbying and ethics reform, rules and pass the bill, H.R. 36. Open government is an important we as a body understand that a responsible The question was taken. goal of the Congress and the incoming government allows for openness. This legisla- The SPEAKER pro tempore. In the administration, and I hope today’s bill tion continues to rebuild our trust with the opinion of the Chair, two-thirds being is just the right kind of bill to move American people. in the affirmative, the ayes have it. forward with that in mind. This legislation requires in part that, ‘‘any Mr. TOWNS. Madam Speaker, on Let me say, Madam Speaker, this is a Presidential library fundraising organization that I demand the yeas and nays. good piece of legislation, and I’m hop- shall submit on a quarterly basis with respect The yeas and nays were ordered. ing that my colleagues join me in sup- to every contributor who gave the organization The SPEAKER pro tempore. Pursu- porting this bill. I want to thank the a contribution or contributions (whether mone- ant to clause 8 of rule XX and the

VerDate Nov 24 2008 02:33 Jan 08, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.018 H07JAPT1 wwoods2 on PRODPC68 with HOUSE H48 CONGRESSIONAL RECORD — HOUSE January 7, 2009 Chair’s prior announcement, further question presented by an appeal taken under at any time, and hopefully we will find proceedings on this motion will be subparagraph (A), accept jurisdiction over larger savings as the year goes on. postponed. the appeal, advance the appeal on the dock- But I would like to comment on one et, and expedite the appeal. f (c) EFFECTIVE DATE.—This thing. This is obviously something that ENSURING THAT THE COMPENSA- shall take effect at 12:00 p.m. on January 20, we’ve agreed on beforehand and we TION AND OTHER EMOLUMENTS 2009. look forward to quick passage, but I ATTACHED TO THE OFFICE OF The SPEAKER pro tempore. Pursu- am committed here today, and would THE SECRETARY OF THE INTE- ant to the rule, the gentleman from say on the floor with the chairman, to RIOR ARE THOSE WHICH WERE New York (Mr. TOWNS) and the gen- going back to committee to drafting a IN EFFECT ON JANUARY 1, 2005 tleman from California (Mr. ISSA) each broader bill, one we would bring before the House within a few days that would Mr. TOWNS. Madam Speaker, I move will control 20 minutes. cover Congresswoman , to suspend the rules and agree to the The Chair recognizes the gentleman from New York. former Congressman Ray LaHood, and Senate joint resolution (S.J. Res. 3), other Members who are going to be in GENERAL LEAVE ensuring that the compensation and the same situation of having voted for Mr. TOWNS. Madam Speaker, I ask other emoluments attached to the of- the tax bill or been present for it and unanimous consent that all Members fice of Secretary of the Interior are are going to be, in all likelihood, in the those which were in effect on January have 5 legislative days in which to re- President’s Cabinet. I believe that we 1, 2005. vise and extend their remarks. should bring a piece of legislation that, The Clerk read the title of the Senate The SPEAKER pro tempore. Is there on a blanket basis, says if you want to joint resolution. objection to the request of the gen- accept the job, you will accept the The text of the Senate joint resolu- tleman from New York? lower pay. tion is as follows: There was no objection. S.J. RES. 3 Mr. TOWNS. I yield myself as much So, although I was pleased to be on Resolved by the Senate and House of Rep- time as I may consume. the floor and participate in the UC, I resentatives of the United States of America in S.J. Res. 3 is a measure needed to en- am pleased to do this. I would hope Congress assembled, sure Senator SALAZAR of Colorado will that for judicial expedience that we SECTION 1. COMPENSATION AND OTHER EMOLU- be able to serve our country as the Sec- would bring a single bill in the next MENTS ATTACHED TO THE OFFICE retary of the Interior during the coming weeks that would cover anyone OF SECRETARY OF THE INTERIOR. who chooses in the first 2 years to be in (a) IN GENERAL.—The compensation and Obama administration. other emoluments attached to the office of The Constitution provides that no the Obama administration, and I look Secretary of the Interior shall be those in ef- Member of the House or Senate may be forward to the savings that will come fect January 1, 2005, notwithstanding any in- appointed to an office in the Federal from those appointments. crease in such compensation or emoluments Government for which the salary was I reserve the balance of my time. after that date under any provision of law, or raised during the Member’s term. For- Mr. TOWNS. Let me just say to the provision which has the force and effect of law, that is enacted or becomes effective tunately, this does not prohibit the ap- gentleman that he makes a very good during the period beginning at noon of Janu- pointment of Senators or House Mem- point, and we will review it and see in ary 3, 2005, and ending at noon of January 3, bers to positions in the executive terms of what we can do to be able to 2011. branch and will not prevent Senator move things along. Also, I’m for sav- (b) CIVIL ACTION AND APPEAL.— SALAZAR from becoming Secretary of ing. Any way we can save, let’s do it. (1) JURISDICTION.—Any person aggrieved by the Interior. S.J. Res. 3 sets the salary of the Sec- an action of the Secretary of the Interior Numerous historical precedents and may bring a civil action in the United States retary of the Interior to the level in ef- District Court for the District of Columbia Justice Department interpretations fect on January 1, 2005, before the start to contest the constitutionality of the ap- hold that such appointments are, in of Senator SALAZAR’s term, satisfying pointment and continuance in office of the fact, permissible so long as the salary the constitutional requirements. I urge Secretary of the Interior on the ground that is set at the level it was before the ap- Members to support the resolution and, such appointment and continuance in office pointee’s term began. of course, look forward to working is in violation of article I, section 6, clause 2, This long- practice dates with my colleague in terms of being of the Constitution. The United States Dis- back at least 100 years and is often re- able to look at a broader kind of legis- trict Court for the District of Columbia shall ferred to as the ‘‘Saxbe Fix,’’ referring have exclusive jurisdiction over such a civil lation to be able to deal with others action, without regard to the sum or value of to the solution which set the salary for who might be moving forward or going the matter in controversy. President Nixon’s nominee for Attor- into the administration. (2) THREE JUDGE PANEL.—Any claim chal- ney General, William Saxbe, so that it Madam Speaker, I don’t have any lenging the constitutionality of the appoint- would reflect the salary level in place other speakers, and I want to know if ment and continuance in office of the Sec- before his congressional term of office the minority has any other speakers. retary of the Interior on the ground that began. such appointment and continuance in office Mr. ISSA. Madam Speaker, I have no Other Cabinet officials appointed other speakers and would yield back. is in violation of article I, section 6, clause 2, under such arrangement include Sec- of the Constitution, in an action brought Mr. TOWNS. Madam Speaker, on retary of State and under paragraph (1) shall be heard and deter- that note, I ask my colleagues to be Secretary of the Treasury Lloyd Bent- mined by a panel of three judges in accord- supportive of this legislation because, sen. The House also passed a similar ance with section 2284 of title 28, United after all, I think that when we look at States Code. It shall be the duty of the dis- measure by unanimous consent just the service that is provided and what it trict court to advance on the docket and to last December to ensure that Senator is going to do in the days ahead, I expedite the disposition of any matter CLINTON may serve as Secretary of think we should be supportive. brought under this subsection. State. (3) APPEAL.— This is a commonsense solution with I yield back the balance of my time. (A) DIRECT APPEAL TO SUPREME COURT.—An ample precedent, which I urge all Mem- The SPEAKER pro tempore. The appeal may be taken directly to the Supreme question is on the motion offered by Court of the United States from any inter- bers to support. locutory or final judgment, decree, or order Madam Speaker, I reserve the bal- the gentleman from New York (Mr. upon the validity of the appointment and ance of my time. TOWNS) that the House suspend the continuance in office of the Secretary of the Mr. ISSA. Madam Speaker, I yield rules and agree to the Senate joint res- Interior under article I, section 6, clause 2, of myself such time as I may consume. olution, S.J. Res. 3. the Constitution, entered in any action Madam Speaker, I am strongly in The question was taken; and (two- brought under this subsection. Any such ap- support of this resolution as necessary thirds being in the affirmative) the peal shall be taken by a notice of appeal filed rules were suspended and the Senate within 20 days after such judgment, decree, and appropriate. It is sort of inter- or order is entered. esting to have to bring a vote to give joint resolution was agreed to. (B) JURISDICTION.—The Supreme Court somebody less money and save the tax- A motion to reconsider was laid on shall, if it has not previously ruled on the payers money, but I’m pleased to do it the table.

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