[Senate Report 113-245]
[From the U.S. Government Publishing Office]
113th Congress } { Report
2d Session } SENATE { 113-245
_______________________________________________________________________
Calendar No. 532
PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2014
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2640
TO AMEND TITLE 44, UNITED STATES CODE, TO REQUIRE INFORMATION ON
CONTRIBUTORS TO PRESIDENTIAL LIBRARY FUNDRAISING ORGANIZATIONS, AND FOR
OTHER PURPOSES.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 26, 2014.--Ordered to be printed
Filed, under authority of the order of the Senate of August 5
(legislative day, August 1), 2014
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2014
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
THOMAS R. CARPER, Delaware, Chairman
CARL LEVIN, Michigan TOM COBURN, Oklahoma
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska MICHAEL B. ENZI, Wyoming
TAMMY BALDWIN, Wisconsin KELLY AYOTTE, New Hampshire
HEIDI HEITKAMP, North Dakota
Gabrielle A. Batkin, Staff Director
John P. Kilvington, Deputy Staff Director
May Beth Schultz, Chief Counsel
Jonathan M. Kraden, Senior Counsel
Keith B. Ashdown, Minority Staff Director
Christopher J. Barkley, Minority Deputy Staff Director
Andrew C. Dockham, Minority Chief Counsel
David Z. Demirbilek, Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 532
113th Congress } { Report
2d Session } SENATE { 113-245
=======================================================================
PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2014
_______
August 26, 2014.--Ordered to be printed
Filed, under authority of the order of the Senate of August 5
(legislative day, August 1), 2014
_______
Mr. Carper, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2640]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2640) to amend
title 44, United States Code, to require information on
contributors to Presidential library fundraising organizations,
and for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis of the Bill, as Reported.............4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............7
I. Purpose and Summary
The Presidential Library Donation Reform Act of 2014 seeks
to make the fundraising process for Presidential libraries more
transparent by requiring public disclosure of the sources and
amounts of certain donations made to help current and former
Presidents establish libraries to house their records. Under
existing law, current and former Presidents, through privately
established foundations, are free to raise unlimited amounts of
money from undisclosed sources to fund the construction and
maintenance of their Presidential libraries and related
facilities. S. 2640 would bring transparency to the
Presidential library fundraising process and enable taxpayers
to know the sources of the funds used to construct facilities
that the taxpayer will then be asked to support.
II. Background and Need for the Legislation
The Presidential library system formally began in 1939,
when President Franklin D. Roosevelt developed the concept of a
federally maintained Presidential library to house his
Presidential papers and other historical materials. Friends of
President Roosevelt formed a corporation to raise funds for the
construction of a library located on the grounds of his family
home in Hyde Park, New York. President Roosevelt's decisionto
create a library came from his belief that Presidential papers are an
important part of the Nation's heritage and should be accessible to the
public.\1\ President Roosevelt's idea took, and today, the National
Archives and Records Administration (NARA) administers a nationwide
network of Presidential libraries housing the records of Presidents
dating back to Herbert Hoover. The libraries are a valuable resource
for historians, academics, researchers and the public.
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\1\See http://www.fdrlibrary.marist.edu/library/
onedefinitelocality.html.
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The Presidential Libraries Act of 1955\2\ established the
basic policy for creating federally maintained Presidential
libraries. To establish a Presidential library, friends, family
members and associates of an incumbent President generally
establish a private foundation or other organization to raise
funds to obtain a site and to construct the facility. Once
completed, the facility is turned over, along with an operating
endowment, to NARA. NARA operates and maintains Presidential
libraries using the operating endowment (described below) and
federally appropriated funds. The libraries are typically
located either in the former President's hometown or on a
university campus. They house the official records and papers
of former Presidents, as well as documentary materials of the
President's family and associates. To address concerns about
the increasing taxpayer cost of Presidential libraries,
Congress amended the Presidential Libraries Act in 1986,\3\
establishing certain reporting requirements for NARA, imposing
architectural and design conditions, and setting fiscal
limitations on future Presidential libraries, including a
requirement that Presidential libraries enter the federal
system with an operating endowment in tow, in order to reduce
the ongoing cost to the taxpayer of maintaining the
libraries.\4\
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\2\Public Law 84-373.
\3\Public Law 99-323.
\4\Even with the endowment, Presidential libraries still cost
taxpayers tens of millions of dollars to operate each year. See
National Archives and Records Administration, Fiscal Year 2014
Congressional Justification, at OE-12 (2013), available at http://
www.archives.gov/about/plans-reports/performance-budget/2014-
performance-budget.pdf.
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Over the years, Presidential libraries have evolved into
multi-purpose institutes that, in addition to housing the
official papers of a former President, can include museums,
conference facilities, and classrooms. The cost of these
facilities can be substantial. Press accounts indicate that the
Jimmy Carter Presidential library cost $26 million to build,\5\
the George H.W. Bush library center cost $83 million to
build,\6\ the William J. Clinton library center cost $165
million to build,\7\ and George W. Bush raised more than $500
million for his library and foundation.\8\ Even though
President Barack Obama has over two years left in the White
House, between $850,000 and $1.75 million has already been
pledged to his Presidential library.\9\
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\5\Peter Applebome, Carter Center: More Than the Past (May 30,
1993), available at http://www.nytimes.com/1993/05/30/travel/carter-
center-more-than-the-past.html.
\6\Fred A. Bernstein, Who Should Pay for Presidential Posterity?
(June 10, 2004), available at http://www.nytimes.com/2004/06/10/garden/
who-should-pay-for-presidential-posterity.html.
\7\Maria Newman, Thousands Attend Dedication of Clinton's
Presidential Library (November 18, 2004), available at http://
www.nytimes.com/2004/11/18/politics/18cnd-clin.html.
\8\The Bush library itself cost approximately $250 million to
build. See Zeke J. Miller, Bush Raises More Than $500 Million For
Library (April 10, 2013), available at http://swampland.time.com/2013/
04/10/bush-raises-more-than-500-million-for-library/.
\9\Howard Koplowitz, Obama Presidential Library: Where Should It
Be? Chicago, Hawaii, New York Are Main Contenders (August 9, 2014),
available at http://www.ibtimes.com/obama-presidential-library-where-
should-it-be-chicago-hawaii-new-york-are-main-contenders-1653992.
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Fund-raising for Presidential libraries often begins well
before a President leaves office. Under current law, there are
no limits on the amount of money Presidents and their
associates may raise for a Presidential library, no constraints
on when fund-raising may begin, no limits on the size of
donations, and no requirement that any information about the
donors or donations be disclosed to the public. Foreign
governments, foreign individuals, and foreign corporations all
may make donations to Presidential libraries if the libraries
are willing to accept them.
This lack of limits and disclosure stands in marked
contrast to the rules governing campaign contributions. Those
seeking to raise money for the President's campaign
organization live under a regime in which both the source and
amounts of contributions are limited, and the identity of and
amount given by contributors are made public.\10\ The
opaqueness of the sources of tens of millions of dollars in
donations for the benefit of a President has led to bipartisan
concerns of potential impropriety, a fear that donors may seek
to use library donations as a means to secure special access or
political favors.
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\10\See Federal Election Campaign Act, 2 U.S.C. Sec. Sec. 431, et.
seq.
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Witnesses at a March 1, 2007 hearing conducted by the House
Committee on Oversight and Government Reform supported the need
for disclosure of presidential library donations. They argued
that undisclosed contributions create a perception of
impropriety and noted the benefits of disclosure to public
confidence in the political process. Sheila Krumholz, the
Executive Director of the Center for Responsive Politics
testified:
Herein lies the central concern: that those who
donate money to presidential libraries will in return
receive special access to, and favors from, the
president and the federal government. To minimize the
potential for that sort of payback, and to build trust
among a citizenry that already questions the ethics of
elected officials, public disclosure of contributions
to presidential library projects seems both appropriate
and wise.\11\
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\11\Statement of Sheila Krumholz, Executive Director of the Center
for Responsive Politics, House Oversight and Government Reform Hearing,
Reform to the Presidential Library Donation Disclosure Process, at 36,
(February 28, 2007).
The Presidential Library Donation Reform Act of 2014 brings
transparency to the Presidential library fundraising process by
requiring presidential fundraising organizations to disclose to
NARA, on a quarterly basis, basic information about each
donation greater than $200, including the source and date of
the donation, in an electronic searchable and sortable format.
This requirement would remain in place until a President leaves
office or such time as NARA assumes operational control of the
facility--whichever occurs later. To provide public access to
the data, NARA is then required topost the disclosure
information in a searchable, sortable, and downloadable format on its
website.
S. 2640 would also institute criminal penalties for
presidential fundraising organizations that knowingly submit
false information with respect to a disclosure. Similar
penalties would apply to individuals that knowingly submit
false information to a presidential fundraising organization
with respect to a contribution.
These commonsense reforms would bring transparency to the
presidential library fundraising process, helping to eliminate
even the appearance of impropriety. Ultimately, these reforms
will enable taxpayers to know the sources of the funds used to
construct facilities that the taxpayer will eventually support.
III. Legislative History
S. 2640, the Presidential Library Donation Reform Act of
2014, was introduced on July 22, 2014, by Senators Carper and
Coburn and the bill was then referred to the Committee on
Homeland Security and Governmental Affairs. The Committee
considered the bill at a July 30, 2014 business meeting and
ordered the bill reported favorably by voice vote. Members
present for the vote were Senators Carper, Levin, Pryor,
Landrieu, McCaskill, Begich, Baldwin, Coburn, Johnson, and
Ayotte.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1--Short title
Section 1 establishes the bill's short title as the
``Presidential Library Donation Reform Act of 2014.''
Section 2--Presidential libraries
Section 2(a) adds a new section (h) to 44 U.S.C. 2112 (part
of the Presidential Libraries Act) to govern the disclosure of
donations made to Presidential Libraries.
New Section 2112(h)(1) defines two terms. ``Contribution''
means a contribution or contributions made by an individual or
entity to a Presidential library fundraising organization
totaling not less than $200 (whether monetary or in-kind) in a
single calendar quarter. ``Presidential Library Fundraising
Organization'' means an organization established to raise funds
to create, maintain, expand, or conduct activities at either a
Presidential archival depository or any facility relating to a
Presidential archival depository.
New Section 2112(h)(2) requires Presidential library
fundraising organizations to submit quarterly reports to the
Archivist of the United States with information about each
contributor who gave the organization more than $200 that
quarter. This information should be submitted in a searchable
and sortable format and shall include: (1) the total value of
each contribution, (2) the source of the contribution, (3) in
the case of individuals, the occupation of the source, and (4)
the date of each contribution. The Archivist must then publish
this information within 30 days of receiving it on a website
that is free for the public to access and that is searchable,
sortable, and downloadable. This reporting requirement expires
on the later of the President's last day in office or the date
on which the Archivist has accepted, taken title to, or entered
into an agreement to use any land for the Presidential library.
New Section 2112(h)(3) establishes legal penalties for any
person or fundraising organization submitting false information
with respect to a contribution that is made to a Presidential
library fundraising organization.
New Section 2112(h)(4) makes it unlawful for any person to
knowingly and willfully make a contribution in the name of
another person; allow the name of a person to be used by
another to make a contribution; or accept a contribution made
by one person in the name of another. These provisions include
prohibiting the making of a contribution through a corporation
or other legal entity in order to conceal the identity of the
person actually providing the contribution.
New Section 2112(h)(5) authorizes the Archivist to
promulgate regulations necessary to carry out the new
subsection.
Section 2(b) of the bill specifies that the disclosure
requirements contained in the legislation apply only to
contributions made after date of enactment.
V. Evaluation of Regulatory Impact
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate the Committee has
considered the regulatory impact of this bill. The legislation
will not result in additional regulation, increased economic
impact, adverse impact on personal privacy, or additional
paperwork on any individuals or businesses. The Congressional
Budget Office confirmed that S. 2640 contains no
intergovernmental or private-sector mandates as defined in
UMRA.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 13, 2014.
Hon. Tom Carper,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2640, the
Presidential Library Donation Reform Act of 2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2640--Presidential Library Donation Reform Act of 2014
S. 2640 would require an organization that raises funds for
a Presidential library to disclose the sources and amounts of
such funds. Such organizations would have to identify any
contributors of $200 or more in a calendar quarter while the
President is in office and during the period before the federal
government takes possession of the library or the President
leaves office, whichever is later. Fundraising organizations
would be required to provide this information to the National
Archives and Records Administration (NARA). The bill would
direct NARA to make the information available to the public in
a free, online-searchable database. Finally, the legislation
would establish criminal penalties, including fines, for
violations of its provisions.
CBO estimates that implementing S. 2640 would cost $4
million over the 2015-2019 period, assuming appropriation of
the necessary amounts. Enacting the legislation could affect
direct spending and revenues; therefore, pay-as-you-go
provisions apply. However, we estimate that any such effects
would not be significant.
Based on information from NARA, CBO estimates that NARA
would spend about $1 million to establish the online database
and around $600,000 annually thereafter to update and maintain
it. We also estimate that any increases in federal spending for
law enforcement, court proceedings, or prison operations
related to criminal violations under S. 2640, which would be
subject to appropriation, would be insignificant.
Because those prosecuted and convicted under S. 2640 could
be subject to criminal fines, the federal government might
collect additional fines if the legislation is enacted.
Collections of such fines are recorded in the budget as
revenues, then deposited in the Crime Victims Fund, and later
spent. CBO expects that any additional receipts and direct
spending would be negligible because of the small number of
cases involved.
S. 2640 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would not affect
the budgets of state, local, or tribal governments.
S. 2640 would impose a private-sector mandate, as defined
in UMRA, by requiring organizations established for the purpose
of raising funds for Presidential libraries or their related
facilities to submit information to NARA. The number of such
organizations is small, and the cost to report the mandated
information would be minimal. CBO estimates, therefore, that
the direct cost of the mandate would fall well below the annual
threshold established by UMRA for private-sector mandates ($152
million in 2014, adjusted annually for inflation).
On April 8, 2013, CBO transmitted a cost estimate for H.R.
1133, the Presidential Library Donation Reform Act of 2013, as
ordered reported by the House Committee on Oversight and
Government Reform on March 20, 2013. Both bills contain similar
provisions, and their estimated costs are the same.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs) and Paige Piper/Bach (for the
private-sector impact). The estimate was approved by Peter H.
Fontaine, Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following changes in existing
law made by the bill, as reported, are shown as follows:
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 21. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
* * * * * * *
Sec. 2112. Presidential archival depository
* * * * * * *
(g) * * *
(h) Presidential Library Fundraising Organization Reporting
Requirement.--
(1) Definitions.--In this subsection:
(A) Contribution.--The term ``contribution''
means a contribution or contributions made by
an individual or entity to a Presidential
library fundraising organization totaling not
less than $200 (whether monetary or in kind) in
a single calendar quarter.
(B) Presidential library fundraising
organization.--The term ``Presidential library
fundraising organization'' means an
organization established to raise funds to
create, maintain, expand, or conduct activities
at--
(i) a Presidential archival
depository; or
(ii) any facility relating to a
Presidential archival depository.
(2) Reporting requirement.--
(A) In general.--During the period beginning
on the date of enactment of this subsection,
and ending on the date described in
subparagraph (B), and not later than 15 days
after the end of each calendar quarter, each
Presidential library fundraising organization
shall submit to the Archivist, in a searchable
and sortable electronic format, information on
each contribution made during that quarter,
which shall include--
(i) the amount or value of the
contribution;
(ii) the source of the contribution,
including the address of the individual
or entity that is the source of the
contribution;
(iii) if the source of the
contribution is an individual, the
occupation of the individual; and
(iv) the date of the contribution.
(B) Duration of reporting requirement.--The
date described in this subparagraph is the
later of--
(i) the date on which the Archivist
accepts, takes title to, or enters into
an agreement to use any land or
facility for the Presidential archival
depository for the President for whom
the Presidential library fundraising
organization was established; and
(ii) the date on which the President
whose archives are contained in the
Presidential archival depository for
whom the Presidential library
fundraising organization was
established no longer holds the Office
of President.
(C) Information required to be published.--
Not later than 30 days after each submission
under subparagraph (A), the Archivist shall
publish the information submitted on the
website of the National Archives and Records
Administration, without a fee or other access
charge, in a searchable, sortable, and
downloadable format.
(3) Prohibition on the submission of false material
information.--
(A) Individual.--
(i) Prohibition.--It shall be
unlawful for any person who makes a
contribution to knowingly and willfully
submit materially false information or
omit material information with respect
to the contribution.
(ii) Penalty.--Any person who commits
an offense described in clause (i)
shall be punished as provided under
section 1001 of title 18, United States
Code.
(B) Organization.--
(i) Prohibition.--It shall be
unlawful for any Presidential library
fundraising organization to knowingly
and willfully submit materially false
information or omit material
information required to be submitted
under paragraph (2)(A).
(ii) Penalty.--Any Presidential
library fundraising organization that
commits an offense described in clause
(i) shall be punished as provided under
section 1001 of title 18, United States
Code.
(4) Prohibition on certain contributions.--
(A) In general.--It shall be unlawful for any
person to knowingly and willfully--
(i) make a contribution in the name
of another person;
(ii) allow the name of the person to
be used by another person to effect a
contribution; or
(iii) accept a contribution that is
made by 1 person in the name of another
person.
(B) Penalty.--Any person who commits an
offense described in subparagraph (A) shall be
punished as provided under section 309(d) of
the Federal Election Campaign Act of 1971 (2
U.S.C. 437g(d)) in the same manner as if the
offense were a violation of section 316(b)(3)
of such Act (2 U.S.C. 441b(b)(3)).
(5) Regulations.--The Archivist shall promulgate
regulations for the purpose of carrying out this
subsection.