[Congressional Record Volume 165, Number 26 (Monday, February 11, 2019)]
[House]
[Pages H1496-H1498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2019
Ms. HILL of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1063) to amend title 44, United States Code, to
require information on contributors to Presidential library fundraising
organizations, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1063
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 2019''.
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) 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 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.''.
(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.
[[Page H1497]]
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the
requirements of this Act and the amendments made by this Act.
Such requirements shall be carried out using amounts
otherwise authorized.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Hill) and the gentleman from North Carolina (Mr.
Meadows) each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. HILL of California. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. HILL of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I thank Chairman Cummings and Representative Meadows for
sponsoring this legislation.
Former Representative John Duncan from Tennessee first sponsored a
bill to improve Presidential libraries 19 years ago. A bill identical
to the one before us passed the House in the last Congress with
bipartisan support. I hope we now can finally get this important reform
enacted.
The Presidential Library Donation Reform Act would make the process
for building Presidential libraries more transparent. Presidential
libraries have become increasingly expensive as they have evolved into
multipurpose centers.
The costs for building a Presidential library must come from private
funding, and modern libraries cost millions--in some cases, hundreds of
millions--of dollars to build.
The George W. Bush Presidential Center, for example, cost an
estimated $250 million to build, and President Bush raised
approximately $500 million for the building and an endowment for his
library, museum, and institute.
Although President Obama has raised hundreds of millions of dollars
for his Presidential library, he has voluntarily disclosed the names of
those who have donated $200 or more.
We should not, however, rely on such voluntary disclosures. Under
current law, there is no requirement to disclose the identities of
those who donate to a Presidential library, and a President, while
still in office, is able to raise an unlimited amount from private
donations.
There is no limitation on who can donate to a sitting President for a
Presidential library, or how much they can donate, and their identities
remain secret.
This bill would require organizations that raise money to build
Presidential libraries to disclose the identity of any individual who
donates more than $200. The National Archives and Records
Administration would then be required to post the donation information
online.
The bill would also create criminal penalties for individuals who
report false information on donations and for fundraising organizations
that omit donation information.
A group of 15 good government organizations, including Citizens for
Responsibility and Ethics in Washington and the Sunlight Foundation,
sent a letter last Congress urging the House to support this bill.
Here is what they wrote: ``Under the current opaque system,
Presidents raise funds privately to establish their Presidential
libraries. These efforts, which often begin long before they leave
office, are unregulated and undisclosed, creating opportunities for,
and/or the appearance of, influence peddling. Improved transparency
would help reduce the appearance of impropriety and help deter
inappropriate behavior.''
This bill had bipartisan support and passed the House last Congress
without opposition.
Mr. Speaker, I urge every Member of this body to support this bill,
and I reserve the balance of my time.
Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1063. I appreciate the
gentlewoman's remarks as it relates to this particular bill. The
bipartisan Presidential Library Donation Reform Act, which was
introduced by the gentleman from Maryland, my good friend, Mr.
Cummings, is certainly one worthy of our support, Mr. Speaker.
Under current law, Presidents can fundraise for their Presidential
libraries through private, unlimited donations while they are still in
office. There are no current requirements for any Presidential library
fundraising organization to disclose the source or size of the donation
it receives. Donations can be from individuals, companies,
associations, and foreign governments, with no transparency.
Presidential libraries have become more expensive throughout the
years. President Clinton's library cost $165 million. President Bush's
cost $250 million. President Obama's is projected to cost more than
$500 million.
This bill requires Presidential library fundraising organizations to
disclose to the National Archives information about contributors who
have donated $200 or more in any quarter. The National Archives would
then be tasked with making the data available on its website in a
downloadable format.
H.R. 1063 also sunsets the disclosure requirement to when the
management of the actual library is transferred to the National
Archives.
Mr. Speaker, this is a bipartisan piece of legislation. It is a pro-
transparency bill that has already passed the House, as my colleague
mentioned, not once but three different times, with overwhelming
support under both Democratic and Republican majorities.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Ms. HILL of California. Mr. Speaker, I urge passage of H.R. 1063, as
amended, and I yield back the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I introduced the Presidential Library
Donation Reform Act of 2019 to make the process of raising money to
build presidential libraries more transparent. I thank Representative
Mark Meadows for joining me in sponsoring this legislation.
Right now, a president--while still in office--can raise an unlimited
amount of money for a presidential library from private donations, and
the identities of all the donors can remain secret. It is time to enact
this bipartisan legislation to require the disclosure of donor
information.
Presidential libraries are built using private funds accepted through
a private, non-profit organization. The costs of building modern
presidential libraries can be in the hundreds of millions of dollars.
The George W. Bush Presidential Center, for example, cost an estimated
$250 million to build, and President Bush raised several hundred
million dollars to build the facility.
President Obama has also raised hundreds of millions of dollars for
his presidential library. President Obama has voluntarily disclosed the
names of donors who have given $200 or more. While I applaud President
Obama's efforts at transparency, we cannot rely on every president to
voluntarily disclose donor information.
This bipartisan legislation would require the disclosure of
information about every donor who gives $200 or more for a presidential
library and establish penalties for false reporting and non-compliance.
This bill would make these vital changes to the law to deter
inappropriate behavior.
Former Republican Representative John Duncan of Tennessee first
sponsored a bill to improve the process for building presidential
libraries 19 years ago. Representative Duncan also sponsored the same
legislation we are considering today with me last Congress. The bill
had bipartisan support and passed the House last Congress without
opposition. It is past time for us to enact this bipartisan reform and
shed light on an otherwise opaque system.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Hill) that the House suspend the rules
and pass the bill, H.R. 1063, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
[[Page H1498]]
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