Congressional Record: February 5, 2002 (House)
Page H115-H118
PRESIDENTIAL LIBRARY CONTRIBUTION DISCLOSURE ACT
Mr. HORN. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 577) to require any organization that is established for the
purpose of raising funds for the creation of a Presidential archival
depository to disclose the sources and amounts of any funds raised, as
amended.
The Clerk read as follows:
H.R. 577
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REQUIREMENT TO DISCLOSE SOURCES AND AMOUNTS OF
FUNDS RAISED FOR PRESIDENTIAL ARCHIVAL
DEPOSITORY.
(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 organization that is 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, shall submit to the
Administration, the Committee on Governmental Reform of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate on an annual basis, by not later than
the applicable date specified in paragraph (2), information
with respect to every contributor who, during the year--
"(A) with respect to a Presidential archival depository of
a President who currently holds the Office of President or
for which the Archivist has not accepted, taken title to, or
entered into an agreement to use any land or facility, gave
the organization a contribution or contributions (whether
monetary or in-kind) totaling $200 or more for the year; or
"(B) with respect to a Presidential archival depository of
a President who no longer holds the Office of President and
for which the Archivist has accepted, taken title to, or
entered into an agreement to use any land or facility, gave
the organization a contribution or contributions (whether
monetary or in-kind) totaling $5000 or more for the year.
"(2) For purposes of paragraph (1), the applicable date--
"(A) with respect to information required under paragraph
(1)(A), shall be January 31 of each year; and
"(B) with respect to information required under paragraph
(1)(B), shall be May 31 of each year.
"(3) As used in this subsection, the term `information'
means the following:
"(A) The amount or value of each contribution made by a
contributor referred to in paragraph (1) in the year covered
by the submission.
"(B) The source of each such contribution, and the address
of the entity or individual that is the source of the
contribution.
"(C) If the source of such a contribution is an
individual, the occupation of the individual.
"(D) 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) any information that is submitted in
accordance with paragraph (1).
"(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 organization
described in paragraph (1) to knowingly and willfully submit
false material information or omit material information under
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.
"(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.
"(8) The Archivist shall promulgate regulations for the
purpose of carrying out this subsection.".
[[Page H116]]
(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
California (Mr. Horn) and the gentleman from California (Mr. Waxman)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Horn).
General Leave
Mr. HORN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 577, the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HORN. Mr. Speaker, I yield myself such time as I may consume.
Presidential libraries are a valuable resource for historians,
faculty professors, and the public. Over the years, Presidential
libraries have evolved into elaborate institutions. They house the
official papers of a former President. They have museums. They have
conference facilities and classrooms.
The cost of building and maintaining these facilities can be
substantial. The George Bush Library, located at Texas A&M University,
cost $22 million from citizens and foundations. Former President
Clinton's library foundation is attempting to raise $200 million to
cover the cost of his library complex.
To establish a Presidential library, representatives of a sitting
President can set up a private foundation to receive contributions,
obtain a site, and build a facility. After it is built, the structure
is deeded over to the Federal Government, along with an operating fund,
in some cases, and is run by the National Archives.
Through their private foundations, Presidents and their associates
are free to raise unlimited amounts of money for their libraries. There
are no limits on contributions. There is no public disclosure. This
secretive fund-raising process can become an invitation for abuse or
accusations of influence peddling.
H.R. 577, introduced by our distinguished colleague, the gentleman
from Tennessee (Mr. Duncan), would change that. It would make the fund-
raising process for Presidential libraries transparent and open to
public scrutiny. It would amend the Presidential Libraries Act to
require the disclosure of the sources and amounts of funds raised for
the Presidential libraries.
The vast majority of individuals who contribute to Presidential
libraries are well-meaning, public-spirited people. They believe that
these libraries are a positive contribution to society. They are right.
However, there are also those who make contributions for less public
spirited reasons: to gain access and influence. That is why we need
public disclosure. We have laws requiring public disclosure of
political contributions. For the same reason, contributions to
Presidential libraries should be disclosed.
H.R. 577 would not prohibit or limit contributions to Presidential
library foundations. This bill simply requires disclosure. It would
require Presidential library foundations to disclose to Congress and
the National Archives the amount, source, and date of the contributions
they receive. The National Archives would be required to make the
information publicly available over the Internet.
While a President is in office, or until his library is turned over
to the National Archives, the foundation would be required to disclose
contributions totaling $200 or more. After a President leaves office
and the archivist has accepted title to the facility, the foundation
would be required to disclose contributions totaling $5,000 or more.
This bill would make it illegal for either a contributor or a
foundation to submit false information about a contribution. It would
also be unlawful for a person to make a contribution in the name of
another. The bill would apply to all Presidential library foundations.
But disclosure would only have to be made for contributions received
after enactment of the legislation.
A hearing was held on the bill of the gentleman from Tennessee (Mr.
Duncan) last April, before the Subcommittee on Government Efficiency,
Financial Management and Intergovernmental Relations, which I chair.
The subcommittee heard from a number of witnesses, including election
law experts who supported full disclosure of contributions to
Presidential libraries. They likened fund-raising for Presidential
libraries to fund-raising for political campaigns.
Last May, the bill was approved unanimously by the Committee on
Government Reform. I hope it will receive the strong bipartisan support
it deserves on the floor today.
Mr. Speaker, I yield 3 minutes to the gentleman from Indiana (Mr.
Burton), the chairman of the Committee on Government Reform.
Mr. BURTON of Indiana. I thank the gentleman for yielding me this
time, and I hope we are not infringing on the minority's time by going
ahead.
Mr. Speaker, I rise in strong support of this bill, and I want to
thank the gentleman from Tennessee (Mr. Duncan) for his hard work on
this legislation. He has worked on it for a long time, hit a few bumps
in the road, but it is a good bill and it should pass. I want to
personally thank him for being a new and more valuable member of our
committee. He has worked very hard with us.
I also want to thank the gentleman from California (Mr. Horn), who is
one of the unsung heroes of the Committee on Government Reform. He
works probably as hard or harder than anybody on the committee. He
shepherded this bill through the subcommittee and full committee, and I
appreciate all the hard work he has been doing for us. We will miss him
when he leaves next year. He has been a great chairman.
Mr. Speaker, our Presidential libraries are a valuable part of our
society. They are monuments to our Presidents. They are places where
young people can go to learn about history. They are places where
scholars do serious research. We should be proud of each and every one
of them.
However, Presidential libraries cost a lot of money, and that money
has to be raised from private sources. We all know that when money and
politics cross paths there is always the potential for mischief, and
that is why I think public disclosure is so important and why I support
this bill. When there is secrecy in government, people have doubts; and
when there is openness in government, people have confidence in their
government.
The vast majority of people who give money to Presidential libraries
do it for the right reasons: they admire the President; they want to
make a contribution to his legacy; they want to see history preserved.
And they should be proud of their contributions. But there is always
going to be those who make contributions for other reasons: to gain
access to the President and staff; to gain influence. And that is why
we need public disclosure.
Right now, you can contribute $1 million to a Presidential library
while the President is in office and nobody would know about it. That
is not good for our democracy, and it is not good for the reputations
of Presidential libraries. That is why we need this legislation.
We have tried not to make this bill overly burdensome. While a
President is in office, contributions over $200 have to be disclosed.
That matches campaign finance law. Once a President is out of office
and once the library has been turned over to the archives, only
contributions over $5,000 have to be reported. Those contributions
already have to be reported every year to the IRS, so the foundations
already have to keep that information; and we are not asking them to
create any more work for themselves.
I am sure that everyone remembers the controversy over President
Clinton's pardon last year. He pardoned a man named Marc Rich, who was
an international fugitive. Marc Rich's wife gave $450,000 to President
Clinton's library foundation. Nobody knew it at the time. So this is a
perfect example of why we need public disclosure.
But let us be fair. This is not a Democrat problem, and it is not a
Republican problem. This system we have is
[[Page H117]]
an invitation to abuse no matter what party you are from or who
occupies the White House. Having unlimited contributions in complete
secrecy is a recipe for scandal, and we are doing the right thing by
addressing it today.
Let me close by repeating what I said in the beginning. We should be
proud of our Presidential libraries. They should be places of honor. We
wanted people to contribute to them and be proud of their
contributions. We do not want our Presidential libraries to be tainted
by accusations of influence peddling or frauds. Public disclosure is
the right thing to do; and, therefore, I urge all of my colleagues to
support this bill.
Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 577. This bill began with the principle
that all contributions to foundations that support Presidential
libraries should be made public. That is a principle that I strongly
support.
{time} 1430
Mr. Speaker, this bill is a bipartisan product. The gentleman from
Indiana (Mr. Burton) and the gentleman from California (Mr. Horn) have
worked with us to produce a bill both sides can support. The
gentlewoman from Illinois (Ms. Schakowsky), the ranking member of the
subcommittee, made an especially valuable contribution. The
gentlewoman's amendment lowered the threshold for reporting to $200
during the years of active fund-raising.
Unfortunately, this bill does not include a provision that would
apply these principles of disclosure to foundations in the names of
Members of Congress. Such an amendment was considered and adopted in
committee. However, it was dropped from the version that we are
considering today. The gentleman from Indiana (Mr. Burton) has agreed
to work with us to develop that concept as stand alone legislation, and
I look forward to bringing it to the floor later this year.
We live in an era where large corporations and wealthy individuals
use money to gain access to policymakers. That access can easily turn
into influence, and the process of developing public policy can become
distorted. Today's bill is a step forward in curbing these trends. H.R.
577 provides the public the information it needs to judge the behavior
of those it elects. I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. HORN. Mr. Speaker, I yield 5 minutes to the gentleman from
Tennessee (Mr. Duncan), the author of this very fine piece of
legislation.
Mr. DUNCAN. Mr. Speaker, I thank the gentleman from California (Mr.
Horn) for yielding me this time, and for the gentleman's very strong
support of this legislation. As the gentleman from Indiana (Mr. Burton)
mentioned, the gentleman from California (Mr. Horn) has shepherded this
through the legislative process in the Subcommittee on Government
Efficiency, Financial Management and Intergovernmental Relations and in
the Committee on Government Reform. The gentleman has been an
outstanding Member of this body for many years. I thank the gentleman
from Indiana (Mr. Burton) for his support and the gentleman from
California (Mr. Waxman), the ranking member, for his support of this
legislation.
I rise to urge support for the Presidential library contribution
disclosure bill that I first introduced in the last Congress. I believe
this is common-sense legislation. It simply requires disclosure, public
disclosure, of donations and donors to Presidential libraries.
I first introduced this bill in 1999, many months before anyone heard
of Marc Rich or the Presidential pardons that the gentleman mentioned a
few minutes ago. I introduced this bill because I felt the public
should be made aware of possible conflicts of interest the sitting
Presidents could have while raising funds for their libraries. In most
cases we do not know who these donors are or what interests they may
have on any pending policy decisions.
This bill will shed light on an otherwise secretive process. With
disclosure, the public is able to draw its own conclusions about
whether conflicts of interest are present. Without it, the appearance
of impropriety could often exist.
This bill is not aimed at any one President in particular. This is a
problem that can be faced by Democrat and Republican Presidents alike.
This bill does not prohibit or limit contributions to these
organizations. It simply requires disclosure of the name of the donor
and the amount donated.
Mr. Speaker, no one should be against this bill unless for some
reason they want to keep this process secret.
I also want to say that I understand the concerns of those who say it
is impossible to influence a deceased President, and I agree. We may be
able to address this concern and the concern that the gentleman from
California (Mr. Waxman) mentioned later on.
As others have mentioned, these Presidential libraries serve a good
and noble purpose in our Nation. However, they should not serve as a
way for Presidential foundations to peddle influence to the highest
bidder.
Mr. Speaker, the organization Vote.com ran a poll and received almost
26,000 votes over the Internet, and 94 percent of those 26,000 who
voted on this issue voted for it in a poll that ended September 13,
2001. Ninety-four percent supported this bill. Larry Noble, executive
director of the Center for Responsive Politics, at our hearing that we
held on this bill in the subcommittee said, "The potential for real
and apparent corruption that this fund-raising brings is obvious. The
public, however, is still in the dark with regard to several back-door
ways of buying influence in Washington. One of them is the funding of
Presidential libraries."
Scott Harshbarger, president of Common Cause, said, "Presidents
should not be in the business of raising funds for their libraries
while in office. Gifts to the library can be a powerful means to secure
access and influence at the White House, especially with a President
eager to burnish his legacy."
Kenneth Gross, who is an attorney who is a specialist in this type of
fund-raising, said, "The bill will prevent donors from sidestepping
disclosure by agreeing, pledging or promising, while the President
remains in office, to make contributions to a Presidential library
after the term has expired."
Mr. Speaker, I think this is good legislation. I think it is
legislation that almost all of our colleagues can and should support.
As I said, it just sheds lights on an otherwise secretive process, and
I urge support for H.R. 577.
Mr. WAXMAN. Mr. Speaker, I reserve the balance of my time.
Mr. HORN. Mr. Speaker, I yield 2 minutes to the gentleman from
Connecticut (Mr. Shays), a key member of the Committee on Government
Reform.
Mr. SHAYS. Mr. Speaker, I rise in strong support of H.R. 577. I wish
I was a cosponsor of the bill. I commend the gentleman from Tennessee
(Mr. Duncan) and my colleagues on the other side of the aisle for
working to pass this legislation.
Presidential libraries date back to the Rutherford B. Hayes Memorial
Library's completion in Fremont, Ohio, in 1914, and since that time
have become an important part of our national heritage and history.
Their value to students, historians and visitors from all over America
and the world is tremendous.
Since the completion of the Hayes library, the size, popularity and
cost of Presidential libraries has increased exponentially. Libraries
have evolved into elaborate centers that, in addition to housing the
official papers and records of former Presidents, often include
museums, conference facilities and classrooms. As a result, the need
for donations for their creation and maintenance has increased, but
disclosure of these donations has not.
In my judgment, the more information the public has, particularly of
sitting Presidents, the better. Under this bill, a sitting President
would be required to disclose library contributions of $200 or more
annually to Congress and to the National Archives. In addition, under
the bill, once a President has left office, library contributions of
$5,000 or more must be reported. Just as we need to know who is giving
campaign contributions to politicians, so, too, the public needs to
know who is contributing to sitting Presidents.
Our hearings on Marc Rich last year, which were bipartisan, obviously
pointed out the need to carry forward with this bill. It gave us the
added impetus to move forward, and I thank Members on both sides of the
aisle for supporting it.
[[Page H118]]
Mr. WAXMAN. Mr. Speaker, I reserve the balance of my time.
Mr. HORN. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Ose), a very able chairman of the Subcommittee on
Efficiency, Financial Management, and Intergovernmental Relations.
Mr. OSE. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, I rise in support of H.R. 577, a bill to require the
annual disclosure of the sources and amount of funds raised to create,
maintain or expand a Presidential library. In addition, the bill
requires the National Archives and Records Administration, known as
NARA, to post this information on the Internet. The transparency
provisions in this good government bill should help ensure that donors
are not afforded an unfair advantage in the policymaking process or
other governmental benefits.
On March 15, 2001, I introduced a companion bill, H.R. 1081,
Accountability for Presidential Gifts Act. Its prime objective is to
establish responsibility in one agency, NARA, for the receipt,
valuation and disposition of Presidential gifts. It, too, seeks to
ensure that there is no unfair advantage to donors in the policymaking
process or in the receipt of other governmental benefits.
Common Cause president Scott Harshbarger and Dr. Paul Light,
director, Center for Public Service of the Brookings Institution,
testified in favor of the disclosure provisions of H.R. 577 at the
April 5 hearing of the Committee of Government Reform, Subcommittee on
Government Efficiency, Financial Management and Intergovernmental
Relations.
Mr. Speaker, I agree with these good government advocates, and I
applaud the initiative of the gentleman from Tennessee (Mr. Duncan) in
pursuing this important change in law.
Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I underscore my support for this legislation because I
believe there ought to be full reporting by those who give donations,
whether it is to campaigns or even to libraries. We need disclosure
because some may have political hope that in exchange for their
contribution or gift, they may receive some influence.
That is why I strongly support, and hope my colleagues who are going
to support this bill will join me in supporting, similar legislation
regarding Members of Congress, when they set up foundations or
libraries or other attributes to themselves and receive contributions
from outside sources. They also should be required to report donations.
At one point we had such reporting in this legislation, but we did not
want to in any way endanger this piece of legislation because it is a
good bill. It is the right thing to do to pass this bill. But I hope to
get full disclosure of those donations to Members of Congress, just as
we want full disclosure of those donations to Presidential libraries.
All foundation donations, all donations similar to campaign
contributions, should be disclosed because the giver may hope to gain
some influence. All donations ought to be on the table, ought to be
publicly disclosed.
Mr. Speaker, I join my colleagues today in supporting the bill that
is before us. I hope later in the year we will be able to carry the
other bill to the House floor so we will follow in the path that is
being set in this legislation, that the public has the right to know
who is funding what when it comes to anything to do with politics. I
think that is the way to assure the American people that they have all
information and the American people will make of it what they will.
Mr. HORN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Tennessee (Mr. Duncan) to thank the staff who worked on
this legislation.
Mr. DUNCAN. Mr. Speaker, I rise today to thank Bert Robinson of my
staff, who has done an outstanding job on this bill. He has been
working on it for many, many months. I also want to thank those on the
committee staff who have helped us with this legislation, Jim Wilson,
Kevin Binger, David Kass, Randy Kaplan, and Russell George; and
Michelle Ash and David McMillen from the minority staff. All have been
very, very helpful on this legislation, and I thank them at this time.
Ms. SCHAKOWSKY. Mr. Speaker, I rise in support of H.R. 577, a bill to
Require Disclosure of the funding sources for Presidential Libraries. I
want to congratulate and thank the author of this measure, the Chairman
of the Government Reform Committee, the Chairman of the Government
Efficiency Subcommittee, and our ranking member, the gentleman from
California for his efforts to improve this legislation. The
improvements that were made to this bill prior to floor consideration
are due in large part to his efforts and he should be commended.
While I rise in support of this measure today, I do not believe this
bill goes far enough. I am disappointed that one of the amendments I
offered in the Government Reform Committee and which was included in
the Committee-passed bill, is not a part of the measure we are debating
today. The provision would have made congressional foundations disclose
funding sources as well. I offered that provision because I believe
that members of Congress should be at least as accountable to the
public as we expect the President to be. Congressional foundations and
the members that run them should make public the sources of major
funding they receive to prevent any accusations of undue influence on
the legislative process.
H.R. 577 requires the disclosure of the sources and amounts of
donations made to foundations raising money to build and maintain
presidential libraries. I am pleased that the measure we are debating
includes an amendment of mine that passed in Committee to reduce the
disclosure requirement for donations to $200 or more. That is the same
level of the requirement that currently exists for congressional
campaigns and it is a valuable component of the legislation we are
debating today. The bill provides that once the National Archives and
Records Administration assumes the responsibility for the presidential
library in question, the threshold for such disclosure would be raised
to $5,000.
Again, Mr. Speaker, I support the goals of H.R. 577 but believe the
Congress needs to go further. I hope that this year, my colleagues on
both sides of the aisle will support stand-alone legislation I plan to
introduce that will impose funding disclosure requirements on
congressional foundations.
I urge all members to vote in support of H.R. 577 and look forward to
working with my colleagues on related issues in the time to come.
{time} 1445
Mr. WAXMAN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. HORN. Mr. Speaker, I urge the adoption of this measure.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Otter). The question is on the motion
offered by the gentleman from California (Mr. Horn) that the House
suspend the rules and pass the bill, H.R. 577, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. HORN. Mr. 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.
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