[Congressional Record Volume 153, Number 44 (Wednesday, March 14, 2007)]
[House]
[Pages H2493-H2496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2007
Mr. MURPHY of Connecticut. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 1254) to amend title 44, United States Code, to
require information on contributors to Presidential library fundraising
organizations.
The Clerk read as follows:
H.R. 1254
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 2007''.
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.''.
[[Page H2494]]
(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
Connecticut (Mr. Murphy) and the gentleman from Ohio (Mr. Turner) each
will control 20 minutes.
The Chair recognizes the gentleman from Connecticut.
General Leave
Mr. MURPHY of Connecticut. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks on H.R. 1254.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Connecticut?
There was no objection.
Mr. MURPHY of Connecticut. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, as I walked into the Capitol today, it was sunny
outside, and one of the benefits of coming from Connecticut about 100
or so miles south a few days a week is, you might get a few sunnier
days this time of year. And it is important, I think, on this day that
there is some sunlight outside because beginning with the bill before
us today, and following with pieces of legislation to come, we are
going to start once again to open up this government to the people of
this country. There is a sense, I think, over time that too much in
Washington, D.C., gets done in back rooms and not enough gets done in
the open daylight.
Today, we begin to open, again, this government to the people of this
country.
Mr. Speaker, today I rise in strong support of H.R. 1254, the
Presidential Library Donation Reform Act of 2007, and I am grateful to
do so through the benefit of work done before by Chairman Waxman,
Congressman Emanuel, by Mr. Clay, and on the other side of the aisle,
in particular, Mr. Platts and Mr. Duncan.
The legislation that they have worked on that is before us today is
part of a larger effort by Congress to restore that honesty and
accountability in the Federal Government. Simply put, this legislation
would shine sunlight on donations to Presidential libraries.
Mr. Speaker, the Presidential library system was created by Franklin
Delano Roosevelt. Roosevelt had an idea to create a repository to house
his Presidential papers for the benefit of future generations of
Americans; you could call it yet another successful New Deal program.
His idea was to raise private funds for the construction of a library
facility, and then he turned the facility and his papers over to the
Federal Government for operation by the National Archives. This model
is still followed to this day.
But, like many things, Presidential libraries keep getting more
expensive. They have become libraries in concept much more than in
practice. They often include various facilities in addition to a
repository, such as museums, conference centers, or classrooms.
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 fund-raising
goal for President Bush's library and think tank in Texas is $500
million. One can only imagine how much his successor will have to
raise.
The problem is that as these libraries continue to grow in size and
scope, Presidential foundations need to raise more money to build them,
and many of these organizations do so by selling access to the
President while he is still in office while his power and celebrity are
the strongest.
Under current law, there is no requirement to disclose the names of
the donors and the amounts that they have donated, and there is no
limit on the amount that can be donated. You don't need to be a
political scientist to see the potential for abuse.
Today's bill simply requires that fund-raising organizations disclose
information about their donors to Congress and the National Archives
during the period of that most intense fund-raising, while the
President is in office, and during the first 4 years after the end of
his term.
The legislation before us, H.R. 1254, would require that all
organizations established for the purpose of raising funds for
Presidential libraries, or their related facilities, report on a
quarterly basis all contributions of $200 or more.
Under the bill, Presidential library fund-raising organizations would
be required to disclose to Congress and the Archivist the amount and
date of each contribution, the name of the contributor, and if the
contributor is an individual, the occupation of the contributor. The
National Archives would be required to disclose this information
through a free, searchable, and downloadable database.
Mr. Speaker, this is a nonpartisan problem, and what we have before
us today is a nonpartisan solution. This bill does not seek to limit
the amount a donor can contribute or the amount a foundation can
solicit. It simply seeks to shed sunlight on the process.
Many of us came to Congress to bring government out of the back rooms
and back into the open air. This bill, I believe, is an important step
in that transformation; and I am honored to be able to stand on the
work of colleagues who have worked on this issue over the years and to
be able to present it to this body today.
Mr. Speaker, similar legislation has enjoyed overwhelming bipartisan
support in the House in the past, and I urge all of my colleagues to
support this legislation today.
Mr. Speaker, I reserve the balance of my time.
Mr. TURNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, our Nation's Presidential libraries attract millions of
visitors each year, and serve as an important resource for researchers
and historians, and provide inspiration for generations.
Over time, the cost of building and maintaining these facilities has
risen significantly. Presidential libraries are built with private
funds, then turned over to the Archivist for operation. An endowment
covers some of the cost of operating a library, usually met through the
establishment of a charitable organization. Funding for construction
and the endowment come from private sources. Under current law, there
is no requirement to disclose the source of these contributions.
There is a great deal of interest in enhancing disclosure on both
sides of the aisle. Under the leadership of the gentleman from
Tennessee (Mr. Duncan), a Republican, Congress passed bipartisan
legislation to require the disclosure of contributions to organizations
that raise funds for Presidential libraries and related facilities.
{time} 1045
His bill, H.R. 577, from the 107th Congress passed the House with
strong bipartisan support by a vote of 392-3. When we consider enhanced
disclosure, it is important to treat everyone equally. We need a
sensible, even-handed approach to disclosure, one that applies equally
to Democrats and Republicans.
The gentleman from Tennessee has had the right approach, one that was
supported by the gentleman from California (Mr. Waxman) and many others
across the aisle. I think it is of utmost importance that we avoid any
temptation to politicize this important issue.
An amendment offered in committee would add the reasonable step of
applying the disclosure steps of this legislation to Presidents elected
after the enactment of this act. It is my hope that we can take
politics out of disclosure, which is an important issue.
I also commend the Chair of our subcommittee, Mr. Clay, for his
leadership on our subcommittee and in this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. MURPHY of Connecticut. Mr. Speaker, I yield 2 minutes to the
gentleman from California (Mr. Waxman), the distinguished chairman of
the Government Oversight and Reform Committee.
Mr. WAXMAN. Mr. Speaker, I thank the gentleman from Connecticut for
yielding to me and for managing this
[[Page H2495]]
legislation. It will be the first of a number of bills that we think
are important for openness, transparency, accountability and sunshine
in government.
This particular legislation has strong bipartisan support. The
gentleman from Tennessee (Mr. Duncan) introduced it originally several
years ago, and we are building on his proposal. It is a wise proposal
because it would provide for disclosure of contributions that are made
for Presidential libraries.
There is nothing wrong with contributing to Presidential libraries,
but at the present time contributions to Presidential libraries can be
of any amount, from my source, and they need not be disclosed. This is
a loophole that calls for abuse. Whether it is real or perceived, we
should not have special interest groups making contributions to a
Presidential library with the expectation that they may receive
something in return. We should not allow foreign governments even to
contribute to Presidential libraries.
This legislation would require disclosure of contributions that are
made to Presidential libraries and their affiliates.
It is interesting to see that in recent years Presidential libraries
and their affiliated institutions have grown and become increasingly
expensive. It cost more than $80 million, although I even think that is
a lot of money, but that was what it cost to build the George H.W. Bush
Library. President Clinton went and doubled that amount, and it took
$165 million to build his library. There are recent reports suggesting
that the projected fund-raising target for this President Bush's target
library is $500 million.
I think that we ought to have disclosure, as do my colleagues on the
other side of the aisle. It is time for openness and sunshine in the
area of these contributions, and I strongly support it.
I want to commend all of the people who have been involved in this
legislation, the chairman of the subcommittee, Mr. Clay; the ranking
member, Mr. Turner, and all of those involved.
Mr. TURNER. Mr. Speaker, I yield as much time as he may consume to my
distinguished colleague from Tennessee (Mr. Duncan).
Mr. DUNCAN. Mr. Speaker, I want to first thank the gentleman from
Ohio for yielding me this time and for his work on this legislation and
his kind comments from a few minutes ago, and I want to thank the
gentleman from Connecticut who is managing the bill today. Especially I
want to thank Chairman Waxman because this bill, while it has been
mentioned that we passed this once before in an earlier Congress, it
would not be on the floor today if it were not for the support of
Chairman Waxman, and I do appreciate that very much.
As has already been mentioned, I introduced this bill several years
ago, and in fact it was the 106th Congress when I first introduced this
because I learned that some foreign governments from the Middle East
were making very large contributions to the proposed library for
President Clinton, and I was concerned that could lead to undue
influence on the part of not only foreign governments but perhaps
others.
Many months later after I introduced this bill, I learned that Marc
Rich's ex-wife, and one of his closest friends, had made very large
contributions to the Clinton library, and then President Clinton, on
his last day in office, granted a pardon to Mr. Rich who had fled the
country after evading $40 million in income taxes.
I can tell you this, in my mind, is not a partisan bill. I introduced
this under a Democratic President. I reintroduced it in the 107th
Congress under a Republican President. As has been noted by the
gentleman from Ohio, this bill passed the House by a vote of 392-3.
There was not enough interest in the Senate at that time, and so we are
back here today to try to pass this bill this time to bring as, has
already been said, some openness, some transparency, to shed some light
on these contributions and on what would be a real potential for abuse
under either a Democratic or Republican President in the future.
As Chairman Waxman and others have said, the price tag on these
Presidential libraries has escalated just in a few years' time from $80
million to $500 million projected for this President's library, and no
telling where those libraries might go in the future in regard to
costs.
This bill does not prohibit any contributions. It allows even very,
very large contributions. All it does is require reporting, quarterly
reporting.
My original bill has been made stronger by the suggestions, by the
actions by Chairman Waxman, and I support this bill. I think it is a
good government bill, and I think it is one that all of our colleagues
can be proud in supporting. It will certainly help to prevent some real
serious potentials for abuse in the years ahead if we pass this
legislation.
So I appreciate the support of everyone who has spoken here today,
and I urge the support of all of my colleagues.
Mr. MURPHY of Connecticut. Mr. Speaker, I yield 3 minutes to the
gentleman from Missouri (Mr. Clay), the distinguished chairman of the
subcommittee.
Mr. CLAY. Mr. Speaker, I thank the gentleman from Connecticut for
yielding and managing this bill. I want to also thank the gentleman
from Tennessee for his leadership on this subject. I rise in strong
support of H.R. 1254 and urge my colleagues to vote in favor of it.
Mr. Speaker, Federal election laws limit the amount a single source
can give to a political campaign. It requires that donations and donor
information must 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 policy-
makers.
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 for sitting Presidents
to pursue aggressive fund-raising for libraries that have become more
and more expensive over the years.
Under H.R. 1254, the Presidential Library Foundation 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 facility.
In addition, the proposal calls on the Archivist to make all reports
available to the public online through a searchable and downloadable
database.
In 2000, during the last days of the Clinton Presidency, the House
passed similar legislation by an overwhelming bipartisan vote. A
similar provision was included in legislation introduced last year by
then-Minority Leader Pelosi but it did not move.
Mr. Speaker, the time has passed for the Congress and the President
to enact these requirements into law. This is not a partisan issue. It
is an issue of concern to all Americans who care about government,
integrity and transparency.
I commend Mr. Waxman, my fellow original cosponsors, Mr. Duncan, Mr.
Platts and Mr. Emanuel, for their leadership on this issue and urge all
of my colleagues to support this important bipartisan bill.
Mr. TURNER. Mr. Speaker, I have no other speakers at this moment and
reserve the balance of my time.
Mr. MURPHY of Connecticut. Mr. Speaker, I yield 3 minutes to my
friend, the gentleman from Illinois (Mr. Emanuel).
Mr. EMANUEL. Mr. Speaker, I would like to thank my colleague from
Connecticut and colleagues from California and Missouri and my other
colleagues for their leadership on this legislation.
It is an important part of this legislation, like the other
legislation we are doing on whistleblowers and protection for
whistleblowers, as well as the no-bid contracts.
If you look at the Presidential library and the other two pieces of
legislation, they all have a common meaning, to ensure that the public
trust is protected from being bent for the private interest.
What we mean here is that, in making sure in the period of time in
which
[[Page H2496]]
a President of the United States is raising money for their library,
that at no time will their actions, or public actions, be influenced by
those who are willing to support their library. In the same way that we
are trying to make sure later this week when we vote on the no-bid
contracts, that in no way should those contracts be renewed
automatically for those who have gotten their business, no-bid
contracts, and somehow had the influence to get that legislation, and
the whistleblower legislation, all attempted to protect the public
trust.
President Bush plans on raising about $500 million for his
Presidential library. President Clinton's library has cost about $165
million, and President Bush's, the 41st President, library cost
approximately $80 million, slightly more than that, and there are no
questions asked about where the money comes from.
We do not know who is raising these funds, who is donating them, and
if the donors are looking for any other favors in return. This process
is overdue for sunlight, and we are reforming that practice here today.
I am proud to have worked with Congressman Waxman, Congressman Clay,
Congressman Platts, and Congressman Duncan in drafting this bill, which
would require the disclosure of any contribution of $200 and above for
a Presidential library. This information will be available online so
that every American can see who is sending money to the Oval Office.
Mr. Speaker, change is good. Last November, the American people voted
for change and that is exactly what we are doing this week and this
year. We are changing the way business is done in Washington and
restoring integrity to government.
In the first weeks, when we were here, we initiated change on banning
gifts, banning meals by lobbyists, making sure earmarks had reform, and
this is part of that step-by-step process. You will not change the ways
of Washington overnight, but you must have a dedicated step-by-step
process to bring reform to the way business is done in Washington. This
is an important step, as will be the whistleblower protection we take
on today and vote on, and the no-bid contracts for those who are trying
to enact contracting reform in the areas of Iraq, Katrina and other
places.
As you just saw last week, the taxpayers are getting back only 40
cents on the dollar for the trailers they built for the protection of
hurricane victims because we did not use it. We have got to reform the
way Washington does work, and this is an important piece of legislation
in doing that as part of our overall process.
I thank all my colleagues for their work on this legislation.
Mr. TURNER. Mr. Speaker, I do not have any other speakers for the
moment, and I reserve the balance of my time.
{time} 1100
Mr. MURPHY of Connecticut. Mr. Speaker, I yield myself so much time
as I may consume.
I want to thank both sides of the aisle, Mr. Duncan, Mr. Waxman and
Mr. Clay, who have done such great work on this issue. They have
constructed a bill which will allow the development of these facilities
to move forward in an expeditious manner, but done so in a way that
gives people faith in that process.
So much of our ability to build and rebuild faith in this government
is connected to whether or not people believe that things we do here
are done in the open light of day. Today is going to be a very good day
to restore part of people's faith in this government, and this bill is
an important first step.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of the public's right to know. I rise in support of H.R. 1254, the
``Presidential Library Donations Reform Act of 2007,'' which requires
the disclosure of donors to presidential libraries.
Mr. Speaker, Presidential libraries are built using private funds
raised by an organization or foundation working on behalf of the
President. It costs a lot of money to construct and endow a
Presidential library. The first Presidential library, housing the
papers of Franklin D. Roosevelt, cost less than $400,000 to build,
about $5 million adjusted for inflation. But since that time,
Presidential libraries have grown more and more ambitious and costly.
The $26 million Carter library was succeeded by the $57 million Reagan
library, followed in turn by the $83 million library complex for former
President George H.W. Bush, and the $165 million Clinton library
complex. George W. Bush's Presidential library complex may cost as much
as $500 million.
To erect these major complexes is going to take more than the $25 to
$50 donations that built Harry Truman's modest Presidential library.
Donations from individual donors can and have amounted to several
million dollars. Under current law, Presidents may raise unlimited
funds for their libraries while in office, which raises concerns about
conflicts of interest, corruption or the appearance of corruption. This
is because donations for the Presidential library can be unlimited in
size but are not required to be disclosed.
Mr. Speaker, H.R. 1254 greatly enhances the public's access to
information because it requires that contribution information be made
available in a timely manner on the Internet in a searchable, sortable,
downloadable database, without any fee or access charges. This proposal
would ensure, for the first time, the public knows the source of
contributions to the Presidential libraries intended to serve them.
Typically, fundraising to construct a Presidential library is done
through a nonprofit foundation or group, which is free to seek
donations from corporations, individuals, even foreign nationals and
foreign governments. Sitting presidents may be actively involved in
soliciting these contributions. And there is no limit on the size of
the donations, and no requirement that they be disclosed.
Mr. Speaker, a Presidential library complex has become one of the
vehicles for Presidents to shape and perpetuate their legacy. They also
provide a platform for Presidents to continue work on issues they care
about. But if sitting Presidents are raising money in undisclosed,
unlimited amounts for projects in which they are personally invested,
wealthy special interests have unprecedented opportunities to seek
access and influence at the White House and evade all public scrutiny.
At the very least, the public deserves to know the amount of donations,
the names, addresses and occupations of the donors, and the dates
donations were made.
H.R. 1254 requires that all organizations established for the purpose
of raising funds for Presidential libraries or their related facilities
report on a quarterly basis all contributions of $200 or more.
Under H.R. 1254, organizations fundraising for Presidential libraries
would be required to disclose their donations while the President is in
office and during the period before the Federal government has taken
possession of the library. The bill sets a minimum reporting period of
4 years after the end of a President's term.
The bill injects sunshine in government by making public information
about donations to presidential libraries made during the term of the
president in question. Under the bill, presidential library fundraising
organizations would be required to disclose to Congress and the
Archivist the amount and date of each contribution, the name of the
contributor, and if the contributor is an individual, the occupation of
the contributor. As noted previously, the National Archives would be
required to make the information available to the public through a
free, searchable, and downloadable database on the Internet.
For all of these reasons, Mr. Speaker, I strongly support H.R. 1254.
As Justice Brandeis famously observed, ``sunshine is the best
disinfectant.'' I urge all my colleagues to join me in supporting this
important and necessary legislation.
Mr. MURPHY of Connecticut. Mr. Speaker, I yield back the balance of
my time.
Mr. TURNER. Mr. Speaker, I want to congratulate, again, Mr. Duncan of
Tennessee, and urge all Members to support the passage of H.R. 1254.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Connecticut (Mr. Murphy) that the House suspend the
rules and pass the bill, H.R. 1254.
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. MURPHY of Connecticut. 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 question will
be postponed.
____________________