Should Donations to Presidential Library Foundations be Disclosed? (H.R. 73)

What is H.R. 73?

(Updated March 22, 2018)

This bill would require organizations that fundraise for presidential libraries to report donor information and donation amounts on a quarterly basis. The data would then be displayed — in a free, searchable, sortable, and downloadable format — on the National Archives website within 30 days of receiving the fundraising organization’s report.

The reporting requirements would apply to all donations (either monetary or in-kind) that exceed $200 in value. Donor names, addresses, occupations, and the amount of the donation would all be made publicly available. These requirements would be in effect while the President is in office, and would end when the President leaves office or when the federal government assumes control of the library — whichever happens later.

Argument in favor

Making a donation towards a presidential library is essentially a political donation, but without campaign contribution limits — meaning that it can be a way to buy influence if it isn't monitored.

Argument opposed

Many of the people making a donation of $200 or more aren’t doing it to buy influence — they want to preserve history. It seems unfair to treat a $200 donation the same as a $200,000 donation.

Impact

Organizations that fundraise for presidential libraries and the people and entities that donate to them, presidential reputations, and the National Archives.

Cost of H.R. 73

The CBO estimates that implementing this legislation would cost about $1 million over the 2016-2020 period.

Additional Info

Of Note: Donations to presidential libraries have been under scrutiny since the Clinton administration. In 2000 it was discovered that Denise Rich donated $450,000 to the Clinton presidential library prior to President Clinton pardoning Ms. Rich’s husband who was wanted on 51 counts of tax and mail fraud, racketeering, and illegally violating a trade embargo with Iran.

During the George W. Bush administration a former lobbyist suggested that a foreign politician should make a $250,000 donation to the Bush library in order to secure meetings with senior members of the administration. Currently, the Obama Foundation — which raises money for President Obama’s presidential library — only provides ranges for the amounts of donations it has received.

In-Depth: This legislation has a long — if unsuccessful — history in Congress. Previous versions passed the House in 2002, 2007 (when it was blocked in the Senate), and 2009. It was introduced in the House in 2013, where it survived committee but did not see a floor vote, and it was introduced in the Senate in 2014 only to meet a similar fate.

Media:

• Sponsoring Rep. John Duncan (R-TN) Press Release
• CBO Estimate
• Center for Responsive Politics
• Huffington Post (Context)