H. Rept. 113-118 - 113th Congress (2013-2014)

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House Report 113-118 - PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2013

[House Report 113-118]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-118

======================================================================



 
            PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2013

                                _______
                                

 June 20, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Issa, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1133]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 1133) 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, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     1
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Advisory Committee Act...................................     5
Unfunded Mandate Statement.......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill as Reported.............     6

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 1133, the Presidential Library Donations Reform Act of 
2013, was introduced on March 13, 2013, by Representative John 
J. Duncan (R-TN) and cosponsored by Ranking Minority Member 
Cummings. The legislation requires presidential library 
fundraising organizations to disclose donor names and 
contribution amounts for donations received prior to the 
transfer of a library to the custody of the National Archives 
and Records Administration (NARA). The legislation also 
requires NARA to post the disclosures on its website in a 
searchable, sortable, and downloadable format. This legislation 
will bring transparency to the presidential library fundraising 
process.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1940, President Franklin Roosevelt established the first 
presidential library as part of an informal effort to make the 
records of his administration accessible to the public. 
Ultimately, after raising private funds to construct a 
facility, President Roosevelt turned both the facility and his 
presidential papers over to the Federal Government. Using the 
Roosevelt library as a template, the Presidential Libraries Act 
of 1955 was subsequently signed into law, codifying the ability 
of the Federal Government to maintain presidential libraries 
constructed via private donations.
    Amendments made in 1986 and 2003 further refined the 
process, which now requires fundraising organizations to turn 
over an operating endowment to help fund a portion of the cost 
of operating the facility after it has been turned over to the 
Government.\1\ Today, NARA operates 13 presidential libraries 
covering every president from Herbert Hoover to George W. Bush, 
at a cumulative annual cost to the taxpayers of approximately 
$75 million.
---------------------------------------------------------------------------
    \1\44 U.S.C. 2112.
---------------------------------------------------------------------------
    While many early presidential libraries were fairly small 
and inexpensive, more recent libraries have required 
significant private fundraising efforts. Press reports have 
indicated that the William J. Clinton Presidential Center and 
Park, which opened in 2004, cost $165 million and that the 
George W. Bush Presidential Center, which opened in 2013, cost 
$250 million.
    Under current law, the funds raised for libraries are 
unrestricted, can be raised while the President is still in 
office, and the source of the donations need not be disclosed. 
This reality has led to bipartisan concerns of potential 
impropriety, wherein library donations may be used as a way for 
donors to secure special access or political favors.
    H.R. 1133 would change current law to require that 
presidential fundraising organizations 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 the applicable 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.
    H.R. 1133 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 help bring transparency and 
sunlight to the presidential library fundraising process, 
helping to eliminate even the appearance of impropriety. The 
reforms will also enable taxpayers to know the sources of the 
funds used to construct facilities that the taxpayer will then 
be asked to support.

                          LEGISLATIVE HISTORY

    H.R. 1133, legislation to require the disclosure of 
donations to presidential library funding organizations, was 
introduced on March 13, 2013, and referred to the House 
Committee on Oversight and Government Reform.
    H.R. 1133 is substantially similar to legislation approved 
by the House of Representatives in the 107th Congress (H.R. 
577), the 110th Congress (H.R. 1254), and the 111th Congress 
(H.R. 36).
    At a business meeting on March 20, 2013, the Committee 
considered H.R. 1133 and ordered the bill to be reported 
favorably to the House, by voice vote.

                           Section-by-Section


Section 1. Short title

    Sets short title as the, ``Presidential Library Donation 
Reform Act of 2013''.

Section 2. Presidential libraries

    Adds a new subsection, (h), to section 2112 of title 44, 
United States Code, to govern the disclosure of donations made 
to Presidential Libraries.
    Requires, on a quarterly basis, Presidential library 
fundraising organizations to submit to the Archivist of the 
United States information in ``electronic searchable and 
sortable format'' with respect to each contributor who gave 
that organization more than $200 in the applicable reporting 
period. Such information is defined to include: (1) the total 
value of each contribution, (2) the source of the contribution 
and the address of such entity, (3) in the case of individuals, 
the occupation of the source, and (4) the date of each 
contribution. Each submission is due not later than 15 days 
after the end of each calendar quarter.
    Sets the reporting requirement to expire on the later of 
the applicable 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 of facility as a Presidential 
archival depository for the applicable President.
    Requires that the Archivist publish the submission data 
from each Presidential library fundraising organization within 
30 days of its receipt on the National Archives and Records 
Administration website in a manner that is free to access and 
is searchable, sortable, and downloadable.
    Establishes legal penalties for knowingly and willfully 
submitting false information with respect to a contribution to 
a Presidential library fundraising organization, and for such 
an entity to knowingly and willfully submit false material or 
omit material information to the Archivist.
    Authorizes the Archivist to promulgate regulations 
necessary to carry out the new subsection. Specifies that the 
disclosure requirements contained in the legislation only apply 
to contributions made after date of enactment.

                       Explanation of Amendments

    No amendments to H.R. 1133 were offered.

                        Committee Consideration

    On March 20, 2013, the Committee met in open session and 
ordered reported favorably the bill, H.R. 1133, by voice vote, 
a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill requires presidential library fundraising 
organizations to disclose donor names and contribution amounts 
for donations received prior to the transfer of a library to 
the custody of the National Archives and Records Administration 
(NARA). As such this bill does not relate to employment or 
access to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                    Duplication of Federal Programs

    No provision of H.R. 1133 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    H.R. 1133 requires the Archivist of the United States to 
accept, on a quarterly basis, presidential library fundraising 
organization financial disclosure reports and post the reports 
on the website of the National Archives and Records 
Administration, within 30 days of receipt, in a searchable, 
sortable, and downloadable format.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 1133 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1133. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1133 from the Director of 
Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 8, 2013.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1133, the 
Presidential Library Donation Reform Act of 2013.
    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.

H.R. 1133--Presidential Library Donation Reform Act of 2013

    H.R. 1133 would require an organization that raises funds 
for a Presidential library to disclose the sources and amounts 
of such funds. The legislation would apply to foundations that 
receive $200 or more per contributor per calendar quarter while 
the current 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. Fund-raising 
organizations would be required to provide this information to 
the National Archives and Records Administration (NARA). The 
bill would then 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 H.R. 1133 would cost $4 
million over the 2014-2018 period, assuming appropriation of 
the necessary amounts. Enacting the legislation could affect 
direct spending and revenues; therefore, pay-as-you-go 
provisions apply to the bill. However, we estimate that any 
such impacts 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 H.R. 1133, which would be 
subject to appropriations, would be insignificant.
    Because those prosecuted and convicted under H.R. 1133 
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.
    H.R. 1133 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.
    H.R. 1133 would impose a private-sector mandate, as defined 
by UMRA, by requiring organizations established for the purpose 
of raising funds for Presidential libraries or 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 ($150 
million in 2013, 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.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

              SECTION 2112 OF TITLE 44, UNITED STATES CODE


Sec. 2112. Presidential archival depository

  (a) * * *

           *       *       *       *       *       *       *

  (h) Presidential Library Fundraising Organization Reporting 
Requirement.--
          (1) Reporting requirement.--Not later than 15 days 
        after the end of a calendar quarter and until the end 
        of the requirement period described in paragraph (2), 
        each Presidential library fundraising organization 
        shall submit to the Archivist information for that 
        quarter in an electronic searchable and sortable format 
        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) Duration of reporting requirement.--The 
        requirement to submit information under paragraph (1) 
        shall continue until the later of the following occurs:
                  (A) The Archivist has accepted, taken title 
                to, or entered 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.
                  (B) The President whose archives are 
                contained in the deposit no longer holds the 
                Office of President.
          (3) Information required to be published.--The 
        Archivist shall publish on the website of the National 
        Archives and Records Administration, within 30 days 
        after each quarterly filing, any information that is 
        submitted under paragraph (1), without a fee or other 
        access charge, in a searchable, sortable, and 
        downloadable database.
          (4) Submission of false material information 
        prohibited.--
                  (A) Individual.--
                          (i) Prohibition.--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.
                          (ii) Penalty.--The penalties 
                        described in section 1001 of title 18, 
                        United States Code, shall apply with 
                        respect to a violation of clause (i) in 
                        the same manner as a violation 
                        described in such section.
                  (B) Organization.--
                          (i) Prohibition.--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).
                          (ii) Penalty.--The penalties 
                        described in section 1001 of title 18, 
                        United States Code, shall apply with 
                        respect to a violation of clause (i) in 
                        the same manner as a violation 
                        described in such section.
          (5) Prohibition on contribution.--
                  (A) In general.--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) Penalty.--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)).
          (6) Regulations required.--The Archivist shall 
        promulgate regulations for the purpose of carrying out 
        this subsection.
          (7) Definitions.--In this subsection:
                  (A) Information.--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.
                  (B) Presidential library fundraising 
                organization.--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.