[Senate Report 114-65]
[From the U.S. Government Publishing Office]
Calendar No. 119
114th Congress } { Report
SENATE
1st Session } { 114-65
_______________________________________________________________________
PRESIDENTIAL LIBRARY DONATIONS ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 558
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]
June 15, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
Patrick J. Bailey, Chief Counsel for Governmental Affairs
Gabrielle D'Adamo Singer, Deputy Chief Counsel for Governmental Affairs
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Deirdre G. Armstrong, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 119
114th Congress } { Report
SENATE
1st Session } { 114-65
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PRESIDENTIAL LIBRARY DONATIONS ACT
_______
June 15, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 558]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 558) 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 without amendment and recommends that the bill 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......................................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............6
I. Purpose and Summary
S. 558, the Presidential Library Donation Reform Act of
2015, brings transparency to the presidential library
fundraising process by requiring disclosure of donor names and
contribution amounts for donations that occur while a president
is still in office or are received prior to the transfer of a
library to the custody of the Archives. The legislation also
requires the Archives to disclose the donations on its website
in a searchable, sortable, and downloadable format. Under
existing law, there are no restrictions on fundraising for the
libraries, funds can be raised while the president is still in
office, and the source of the donations is not required to be
disclosed.
II. Background and the Need for Legislation
Presidential libraries allow the public to access
information regarding past presidents and their
administrations. 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.\1\
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. 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.\2\ The
libraries are a valuable resource for historians, academics,
researchers and the public.
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\1\See One Definite Locality, Franklin D. Roosevelt Presidential
Library and Museum,
http://www.fdrlibrary.marist.edu/library/onedefinitelocality.html, last
accessed Apr. 27, 2015.
\2\National Archives and Records Administration, Open Government
Plan, 10, 2014-2016, available at http://www.archives.gov/open/open-
government-plan-3.0.pdf.
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The Presidential Libraries Act of 1955 established the
basic policy for creating federally maintained presidential
libraries.\3\ 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 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,\4\
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.\5\
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\3\Public Law 84-373.
\4\Public Law 99-323.
\5\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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Presidential libraries have become multipurpose 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,\6\ the George H.W. Bush
library center cost $83 million to build,\7\ the William J.
Clinton library center cost $165 million to build,\8\ and the
George W. Bush library cost approximately $250 million to
construct.\9\ The Barack Obama Foundation has raised between
$2.9 million and $6.2 million for President Obama's library
through December 2014.\10\ The Obama Foundation is voluntarily
disclosing donations on its web site, broken into bands of the
value of the donation (e.g., $200 to $100,000). However, there
is no statutory provision requiring this disclosure and
therefore there is no way for the public to know whether the
disclosure of donors is complete and timely. It furthermore
lacks specific details, such as the actual amount of the
donation and the occupation of the donor.
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\6\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.
\7\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.
\8\Maria Newman, Thousands Attend Dedication of Clinton's
Presidential Library (Nov. 18, 2004), available at http://
www.nytimes.com/2004/11/18/politics/18cnd-clin.html.
\9\See Zeke J. Miller, Bush Raises More Than $500 Million For
Library (Apr. 10, 2013), available at http://swampland.time.com/2013/
04/10/bush-raises-more-than-500-million-for-library/.
\10\See, Barack Obama Foundation Contributor Information, available
at http://www.barackobamafoundation.org/pages/contributor-information.
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Under current law, a sitting president can raise an
unlimited amount of money for a presidential library, but has
no obligation to publically report that information. Foreign
governments, foreign individuals, and foreign corporations all
may make donations to presidential libraries if the libraries
are willing to accept them. Without transparency into these
donations, a sitting president could potentially take an
official action in exchange for a donation to his or her
presidential library and the public would be unaware.
The opaqueness of the sources of tens of millions of
dollars in donations for the benefit of a sitting 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.
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 2015 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 to post the disclosure
information in a searchable, sortable, and downloadable format
on its website.
S. 558 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. Ultimately, these reforms will
bring transparency to the presidential library fundraising
process, which occurs while presidents are still in office and
in a position to provide favorable treatment to potential
donors.
III. Legislative History
S. 558, the Presidential Library Donation Reform Act of
2015, was introduced on February 25, 2015, by Ranking Member
Carper and Chairman Johnson and the bill was then referred to
the Committee on Homeland Security and Governmental Affairs.
The Committee considered the bill at a March 4, 2015,
business meeting and ordered the bill reported favorably by
voice vote. Members present for the vote were Senators Johnson,
Portman Lankford, Ayotte, Ernst, Carper, McCaskill, Baldwin,
Heitkamp, and Peters.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section provides the bill's short title, the
Presidential Library Reform Act of 2015.''
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. 558 contains no
intergovernmental or private-sector mandates as defined in
UMRA.
VI. Congressional Budget Office Cost Estimate
March 17, 2015.
Hon. Ron Johnson,
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. 558, the
Presidential Library Donation Reform Act of 2015.
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. 558--Presidential Library Donation Reform Act of 2015
S. 558 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, as well as 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 this information freely
available on the Internet. Finally, the legislation would
establish criminal penalties, including fines, for violations
of its provisions.
CBO estimates that implementing the legislation would have
no significant effect on NARA's administrative costs, which are
subject to appropriation. We also estimate that any increases
in federal spending to enforce penalties related to the laws
concerning donations to Presidential libraries would be
insignificant.
Because those prosecuted and convicted under S. 558 could
be subject to criminal and civil fines, enacting the
legislation could increase federal revenues and associated
direct spending. However, CBO estimates that such effects would
not be significant in any year because of the small number of
cases likely to be involved. Because the legislation could
affect direct spending and revenues, however, pay-as-you-go
procedures apply.
S. 558 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. 558 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 submit reports 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 ($154 million in 2015,
adjusted annually for inflation).
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 Theresa
Gullo, Deputy 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, changes in existing law made by
S. 558 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
* * * * * * *
CHAPTER 21. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
* * * * * * *
Sec. 2112. Presidential archival depository
(a) * * *
* * * * * * *
(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.
(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.
(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 (52
U.S.C. 30109(d)) in the same manner as if the
offense were a violation of section 316(b)(3)
of such Act (52 U.S.C. 30118(b)(3)).
(5) Regulations.--The Archivist shall promulgate
regulations for the purpose of carrying out this
subsection.''.
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