Donations for Our Nation's Advancement, Transformation, and Enhancement Act or the DONATE Act
This bill allows executive departments to accept conditional gifts on behalf of such departments.
Specifically, departments may accept cash donations made by U.S. citizens that come with instructions on how the money should be spent. Current law allows departments to accept donations but not where there are conditions on the money's use.
A department may not accept a conditional gift that is conditioned upon carrying out any act or purpose that will require an expenditure of funds that exceeds the gift amount, unless the expenditure has been approved by Congress. If a department accepts a conditional gift that is insufficient to meet the cost of carrying out a conditional act or purpose of the gift, the acceptance shall not obligate the department to expend funds to carry out such act or purpose.
The bill allows such departments to transfer unspent gift funds to the Department of the Treasury to reduce the deficit.
The Government Accountability Office shall report to Congress on how each department manages such funds and how they are used, including recommendations for enhancing such management and use of funds.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 761 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 761
To amend title 31, United States Code, to allow the heads of certain
Executive departments to accept conditional gifts on behalf of
Executive departments, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2019
Mr. Enzi (for himself and Mr. Carper) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to allow the heads of certain
Executive departments to accept conditional gifts on behalf of
Executive departments, and for other purposes.
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 ``Donations for Our Nation's
Advancement, Transformation, and Enhancement Act'' or the ``DONATE
Act''.
SEC. 2. ACCEPTANCE OF CONDITIONAL GIFTS.
(a) In General.--Subchapter III of chapter 13 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 1356. Acceptance of conditional gifts
``(a) Definition.--In this section--
``(1) the term `covered conditional gift' means a
conditional gift accepted under subsection (b); and
``(2) the term `Executive department' means--
``(A) the Department of Agriculture;
``(B) the Department of Commerce;
``(C) the Department of Education;
``(D) the Department of Energy;
``(E) the Department of Homeland Security;
``(F) the Department of Housing and Urban
Development;
``(G) the Department of the Interior;
``(H) the Department of Justice;
``(I) the Department of Labor;
``(J) the Department of the Treasury; or
``(K) the Department of Veterans Affairs.
``(b) Acceptance.--
``(1) In general.--Notwithstanding any other provision of
law, and subject to paragraph (2), the head of each Executive
department may, at the discretion of the head of the Executive
department, accept a conditional gift on behalf of the
Executive department if the conditional gift is made--
``(A) in cash; and
``(B) by an individual who is a citizen of the
United States.
``(2) Limitation on acceptance.--A conditional gift may not
be accepted under paragraph (1) if the conditional gift is
conditioned upon carrying out any act or purpose that will
require an expenditure of funds in an amount that exceeds the
amount of the conditional gift, unless the expenditure has been
approved by an Act of Congress.
``(c) Limitation on Use.--The principal of and income from any
covered conditional gift shall be held, invested, reinvested, and used
in accordance with the conditions of the conditional gift, except that
the principal of and income from a conditional gift may not be invested
or reinvested in a manner in which the principal of or income from the
conditional gift will accrue interest.
``(d) Budget Justifications.--In the annual budget justification
submitted by each Executive department, the head of the Executive
department shall include, with respect to the year preceding the date
on which the budget justification is submitted, a statement of--
``(1) each covered conditional gift accepted on behalf of
the Executive department during the year preceding the date on
which the annual budget justification is submitted;
``(2) how each covered conditional gift described in
paragraph (1) was used by the Executive department; and
``(3) as applicable, the account or fund in which the funds
from each covered gift described in paragraph (1) are
deposited.
``(e) Deficit Reduction.--If funds from a covered conditional gift
remain unexpended after carrying out the conditional act or purpose of
the covered conditional gift and are not required to carry out any
other conditional act or purpose of the covered conditional gift--
``(1) the head of the Executive department to which the
covered conditional gift was made may, at the discretion of the
head of the Executive department, transfer the remaining funds
to the Secretary of the Treasury; and
``(2) the Secretary of the Treasury shall--
``(A) deposit any remaining funds transferred under
paragraph (1) in the general fund of the Treasury; and
``(B) dedicate any remaining funds transferred
under paragraph (1) for the sole purpose of deficit
reduction.
``(f) Certain Insufficient Conditional Gifts.--If a head of an
Executive department accepts a covered conditional gift that is made in
an amount that is insufficient to meet the cost of carrying out any
conditional act or purpose of the conditional gift, the acceptance
shall not obligate the Executive department to expend any funds to
carry out the conditional act or purpose.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 13 of title 31, United States Code, is
amended by adding at the end the following:
``1356. Acceptance of conditional gifts.''.
SEC. 3. GAO REPORT RELATING TO GIFTS ACCEPTED ON BEHALF OF EXECUTIVE
DEPARTMENTS.
(a) Definitions.--In this section--
(1) the term ``Executive department'' has the meaning given
the term in section 101 of title 5, United States Code; and
(2) the term ``gift'' means any conditional or
unconditional gift made to an Executive department.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Reform of the House of
Representatives a report that shall include--
(1) with respect to the year preceding the date on which
the report is submitted, a statement of--
(A) the source of each gift made to the Executive
department during that period;
(B) how each gift described in subparagraph (A)
was, is being, or will be used; and
(C) the account or fund in which the funds from
each gift described in subparagraph (A) are deposited;
(2) a description of the process that each Executive
department uses to--
(A) manage any gifts made to the Executive
department; and
(B) ensure that all gifts made to the Executive
department are efficiently used; and
(3) recommendations for Executive departments relating to
enhancing the management and use of any gifts made to Executive
departments.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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