29–006 

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 


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1 44 U.S.C. 2112. 

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. 

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 indiVerDate Mar 15 2010 20:37 Jun 21, 2013 Jkt 029006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118

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viduals 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. 


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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. 


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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. 


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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, onlinesearchable 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 


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and existing law in which no change is proposed is shown in 

roman): 

SECTION 2112 OF TITLE 44, UNITED STATES CODE 

§ 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 


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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 ORGANIZA- TION.—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. 

Æ 


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