U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

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. 

AUGUST 26, 2014.—Ordered to be printed 

Filed, under authority of the order of the Senate of August 5 

(legislative day, August 1), 2014 


tjames on DSK5VPTVN1PROD with REPORTSE:\Seals\Congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

THOMAS R. CARPER, Delaware, Chairman 

CARL LEVIN, Michigan 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

MARK BEGICH, Alaska 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

TOM COBURN, Oklahoma 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

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 


tjames on DSK5VPTVN1PROD with REPORTS
Calendar No. 532 

113TH CONGRESS SENATE REPORT " ! 2d Session 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 


tjames on DSK5VPTVN1PROD with REPORTS
2 

1See http://www.fdrlibrary.marist.edu/library/onedefinitelocality.html. 2Public Law 84–373. 

3Public 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. 5Peter 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. 

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 decision to 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. 

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

Over the years, Presidential libraries have evolved into 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,5 the George H.W. Bush library center cost $83 milVerDate Mar 15 2010 07:13 Aug 27, 2014 Jkt 039010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR245.XXX SR245

tjames on DSK5VPTVN1PROD with REPORTS
3 

6Fred 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. 7Maria 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. 8The 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. 10See Federal Election Campaign Act, 2 U.S.C. §§ 431, et. seq. 11Statement 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). 

lion 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

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. 

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

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, 


tjames on DSK5VPTVN1PROD with REPORTS
4 

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. 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 


tjames on DSK5VPTVN1PROD with REPORTS
5 

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 


tjames on DSK5VPTVN1PROD with REPORTS
6 

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 


tjames on DSK5VPTVN1PROD with REPORTS
7 

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 

* * * * * * * 

§ 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 


tjames on DSK5VPTVN1PROD with REPORTS
8 

(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. 

Æ 


tjames on DSK5VPTVN1PROD with REPORTS