[Congressional Record Volume 162, Number 6 (Monday, January 11, 2016)]
[House]
[Pages H247-H249]
PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2016
Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1069) 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. 1069
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 2016''.
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.
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``(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.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Chaffetz) and the gentlewoman from the District of Columbia
(Ms. Norton) each will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. CHAFFETZ. 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 the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. CHAFFETZ. Mr. Speaker, I yield 5 minutes to the gentleman from
Tennessee (Mr. Duncan), the gentleman who has championed this issue as
the prime sponsor.
Mr. DUNCAN of Tennessee. Mr. Speaker, I thank Chairman Chaffetz for
his support and for yielding me this time.
This is a bill that has passed in three separate Congresses with
overwhelming bipartisan support and very, very little opposition. In
fact, in this Congress, it is cosponsored by Ranking Member Elijah
Cummings. In past Congresses, it has been cosponsored by Ranking Member
Edolphus Towns; and in one Congress, Chairman Waxman became the primary
sponsor. So it is a very bipartisan bill.
It is a very simple bill, one that I think can be supported by anyone
who is opposed to secrecy in government and believes in an open,
transparent system. The Presidential Library Donation Reform Act simply
requires that donations to a President's library greater than $200 be
disclosed to the public and posted online.
It is very surprising to people that there are no laws governing
these donations at this time. In fact, any person, corporation, or
foreign government can donate any amount, unreported, while a President
is still in office.
I first introduced this bill in the 106th Congress after reading a
front-page story in The Washington Times reporting that foreign
governments from the Middle East were making very large donations to
the proposed library for President Clinton. I was concerned about the
influence of donations being made by foreign governments. However, I
hasten to say this is not directed toward former President Clinton or
anyone else. This bill has been introduced and passed, and I have
sponsored this bill under both Republican and Democratic Presidents.
I did read at one point that after I introduced this bill that
President Clinton's library had received a $450,000 contribution from
the ex-wife of Marc Rich, who had fled the country to evade $40 million
in taxes. So these types of things have certainly raised concern.
In 2013, the Sunlight Foundation's policy director endorsed my bill
during a hearing on Federal Government transparency in the House
Oversight and Government Reform Committee, saying: ``It would provide
valuable information on special interests whose donations put them in
close proximity with Presidents.''
{time} 1715
Presidential libraries were once modest structures, but they have
grown rapidly over the years into megamuseums devoted to a President's
life and legacy. President George W. Bush's library topped $500 million
in costs. That is seven times the cost of his father's library. A
recent report in The New York Times noted that President Obama's
library could end up costing $1 billion.
As costs soar, clearly there is potential for abuse, no matter who is
President. This is, as I said, not a partisan issue. It is not directed
at any President. It is simply a good government bill that I think
almost everyone can support, and certainly they have in the past.
I urge support for this legislation.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
I support this bill, Mr. Speaker.
I want to thank Representative Duncan and Ranking Member Cummings for
sponsoring this legislation. Representative Duncan first sponsored a
bill to improve Presidential libraries 16 years ago. What has happened
that we can't get this bill through the Congress? I hope this bill this
year will prove different. This Congress, I hope we can finally get
this important reform on the President's desk where I am sure it will
be signed.
The Presidential Library Donation Reform Act would provide
transparency to the process for building Presidential libraries. The
practice of creating a Presidential library began decades ago with
President Franklin Delano Roosevelt. The tradition has carried on
through every President since that time, and it is going to continue.
Presidential libraries have become increasingly more expensive as
they
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have evolved into multipurpose centers that do more than simply house
Presidential records. For example, the William J. Clinton Library cost
an estimated $165 million, while the George W. Bush Presidential Center
cost an estimated $250 million to build, with President Bush having
raised approximately half a billion dollars for his library, museum,
and institute. We can expect that with each new President, these
libraries are going to cost more. That is just natural.
Under current law, there is no requirement to disclose the identities
of those who donate to a Presidential library, and a President is able
to secure an unlimited amount of private donations while still in
office.
The bill before us would make a simple but very important change in
existing law. Under this bill, organizations that raise money to build
Presidential libraries would be required to disclose the identity of
any individual who donates more than $200. It seems reasonable to me,
Mr. Speaker. The National Archives and Records Administration would
then be required to post the donation information in a manner that is
free to access and downloadable.
Additionally, this legislation would 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 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, or the appearance of, influence-peddling.
Improved transparency would help reduce the appearance of impropriety
and help deter inappropriate behavior.''
The appearance is just as important as the behavior itself, I
emphasize, Mr. Speaker.
This bill was approved without opposition by the Committee on
Oversight and Government Reform in March and has passed the House
several times before.
As I noted, companion legislation sponsored by Senators Corker and
Johnson was approved by the Homeland Security and Governmental Affairs
Committee earlier this year.
It looks like this bill may become law after all, Mr. Duncan.
I urge every Member of this body to support transparency by voting
for this important legislation.
I yield back the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
I urge its passage. It is high time that this passed. It is
bipartisan, it is bicameral, and it is done with some good leadership
from Mr. Duncan. I urge its adoption.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and
pass the bill, H.R. 1069, 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.
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