Presidential Library Donation Reform Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 1063 IN THE SENATE OF THE UNITED STATES FEBRUARY 12, 2019 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To amend title 44, United States Code, to require informa- tion on contributors to Presidential library fundraising organizations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1063.RFS H1063 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 1063 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Presidential Library 2 Donation Reform Act of 2019’’. 3 SEC. 2. PRESIDENTIAL LIBRARIES. 4 (a) IN GENERAL.—Section 2112 of title 44, United 5 States Code, is amended by adding at the end the fol- 6 lowing new subsection: 7 ‘‘(h) PRESIDENTIAL LIBRARY FUNDRAISING ORGA- 8 NIZATION REPORTING REQUIREMENT.— 9 ‘‘(1) REPORTING REQUIREMENT.—Not later 10 than 15 days after the end of a calendar quarter 11 and until the end of the requirement period de- 12 scribed in paragraph (2), each Presidential library 13 fundraising organization shall submit to the Archi- 14 vist information for that quarter in an electronic 15 searchable and sortable format with respect to every 16 contributor who gave the organization a contribution 17 or contributions (whether monetary or in-kind) total- 18 ing $200 or more for the quarterly period. 19 ‘‘(2) DURATION OF REPORTING REQUIRE- 20 MENT.—The requirement to submit information 21 under paragraph (1) shall continue until the later of 22 the following occurs: 23 ‘‘(A) The Archivist has accepted, taken 24 title to, or entered into an agreement to use any 25 land or facility for the Presidential archival de- 26 VerDate Sep 11 2014 22:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1063.RFS H1063 pamtmann on DSKBFK8HB2PROD with BILLS 3 HR 1063 RFS pository for the President for whom the Presi- 1 dential library fundraising organization was es- 2 tablished. 3 ‘‘(B) The President whose archives are 4 contained in the deposit no longer holds the Of- 5 fice of President. 6 ‘‘(3) INFORMATION REQUIRED TO BE PUB- 7 LISHED.—The Archivist shall publish on the website 8 of the National Archives and Records Administra- 9 tion, within 30 days after each quarterly filing, any 10 information that is submitted under paragraph (1), 11 without a fee or other access charge in a download- 12 able database. 13 ‘‘(4) SUBMISSION OF FALSE MATERIAL INFOR- 14 MATION PROHIBITED.— 15 ‘‘(A) INDIVIDUAL.— 16 ‘‘(i) PROHIBITION.—It shall be unlaw- 17 ful for any person who makes a contribu- 18 tion described in paragraph (1) to know- 19 ingly and willfully submit false material in- 20 formation or omit material information 21 with respect to the contribution to an orga- 22 nization described in such paragraph. 23 ‘‘(ii) PENALTY.—The penalties de- 24 scribed in section 1001 of title 18, United 25 VerDate Sep 11 2014 22:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1063.RFS H1063 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 1063 RFS States Code, shall apply with respect to a 1 violation of clause (i) in the same manner 2 as a violation described in such section. 3 ‘‘(B) ORGANIZATION.— 4 ‘‘(i) PROHIBITION.—It shall be unlaw- 5 ful for any Presidential library fundraising 6 organization to knowingly and willfully 7 submit false material information or omit 8 material information under paragraph (1). 9 ‘‘(ii) PENALTY.—The penalties de- 10 scribed in section 1001 of title 18, United 11 States Code, shall apply with respect to a 12 violation of clause (i) in the same manner 13 as a violation described in such section. 14 ‘‘(5) PROHIBITION ON CONTRIBUTION.— 15 ‘‘(A) IN GENERAL.—It shall be unlawful 16 for a person to knowingly and willfully— 17 ‘‘(i) make a contribution described in 18 paragraph (1) in the name of another per- 19 son; 20 ‘‘(ii) permit his or her name to be 21 used to effect a contribution described in 22 paragraph (1); or 23 VerDate Sep 11 2014 22:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1063.RFS H1063 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 1063 RFS ‘‘(iii) accept a contribution described 1 in paragraph (1) that is made by one per- 2 son in the name of another person. 3 ‘‘(B) PENALTY.—The penalties set forth in 4 section 309(d) of the Federal Election Cam- 5 paign Act of 1971 (2 U.S.C. 437g(d)) shall 6 apply to a violation of subparagraph (A) in the 7 same manner as if such violation were a viola- 8 tion of section 316(b)(3) of such Act (2 U.S.C. 9 441b(b)(3)). 10 ‘‘(6) REGULATIONS REQUIRED.—The Archivist 11 shall promulgate regulations for the purpose of car- 12 rying out this subsection. 13 ‘‘(7) DEFINITIONS.—In this subsection: 14 ‘‘(A) INFORMATION.—The term ‘informa- 15 tion’ means the following: 16 ‘‘(i) The amount or value of each con- 17 tribution made by a contributor referred to 18 in paragraph (1) in the quarter covered by 19 the submission. 20 ‘‘(ii) The source of each such con- 21 tribution, and the address of the entity or 22 individual that is the source of the con- 23 tribution. 24 VerDate Sep 11 2014 22:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1063.RFS H1063 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 1063 RFS ‘‘(iii) If the source of such a contribu- 1 tion is an individual, the occupation of the 2 individual. 3 ‘‘(iv) The date of each such contribu- 4 tion. 5 ‘‘(B) PRESIDENTIAL LIBRARY FUND- 6 RAISING ORGANIZATION.—The term ‘Presi- 7 dential library fundraising organization’ means 8 an organization that is established for the pur- 9 pose of raising funds for creating, maintaining, 10 expanding, or conducting activities at— 11 ‘‘(i) a Presidential archival depository; 12 or 13 ‘‘(ii) any facilities relating to a Presi- 14 dential archival depository.’’. 15 (b) APPLICABILITY.—Section 2112(h) of title 44, 16 United States Code (as added by subsection (a))— 17 (1) shall apply to an organization established 18 for the purpose of raising funds for creating, main- 19 taining, expanding, or conducting activities at a 20 Presidential archival depository or any facilities re- 21 lating to a Presidential archival depository before, 22 on, or after the date of the enactment of this Act; 23 and 24 VerDate Sep 11 2014 22:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1063.RFS H1063 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 1063 RFS (2) shall only apply with respect to contribu- 1 tions (whether monetary or in-kind) made after the 2 date of the enactment of this Act. 3 SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. 4 No additional funds are authorized to carry out the 5 requirements of this Act and the amendments made by 6 this Act. Such requirements shall be carried out using 7 amounts otherwise authorized. 8 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 9 The budgetary effects of this Act, for the purpose of 10 complying with the Statutory Pay-As-You-Go Act of 2010, 11 shall be determined by reference to the latest statement 12 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 13 Act, submitted for printing in the Congressional Record 14 by the Chairman of the House Budget Committee, pro- 15 vided that such statement has been submitted prior to the 16 vote on passage. 17 Passed the House of Representatives February 11, 2019. Attest: KAREN L. HAAS, Clerk. VerDate Sep 11 2014 22:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1063.RFS H1063 pamtmann on DSKBFK8HB2PROD with BILLS