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[House Report 114-181]
[From the U.S. Government Publishing Office]

114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      114-181

======================================================================

 
            PRESIDENTIAL LIBRARY DONATION REFORM ACT OF 2015

                                _______
                                

 June 25, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1069]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 1069) 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....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Roll Call Votes..................................................     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..............................     5
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. 1069, the Presidential Library Donations Reform Act of 
2015, was introduced on February 25, 2015 by Representative 
John Duncan (R-TN) and cosponsored by Ranking Member Cummings 
(D-MD). 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 
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 transferred to the 
federal 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.
---------------------------------------------------------------------------
    \1\44 U.S.C. 2112.
---------------------------------------------------------------------------
    While many early presidential libraries were fairly small 
and inexpensive, more recent libraries have required 
significant private fundraising efforts. Press reports indicate 
that the William J. Clinton Presidential Center and Park, which 
opened in 2004, cost $165 million\2\ and that the George W. 
Bush Presidential Center, which opened in 2013, cost $250 
million.\3\
---------------------------------------------------------------------------
    \2\William Branigin, Clinton Library Opens in Little Rock, 
Washington Post, Nov. 18, 2004, available at /
www.washingtonpost.com/wp-dyn/articles/A59276-2004Nov18.html>.
    \3\Mark Lamster, Architectural review: The George W. Bush 
Presidential Center, Dallas Morning News, Apr. 20, 2013, available at 
/www.dallasnews.com/news/george-w-bush-presidential-center/
presidential-center-headlines/20130420-architecture-review-the-george-
w.-bush-presidential-center.ece>.
---------------------------------------------------------------------------
    Under current law the funds raised for libraries are 
unrestricted and able to be raised while the President is still 
in office. Additionally, the source of each donation does not 
need to 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. 1069 would change current law to require that 
presidential fundraising organizations disclose to the National 
Archives and Records Administration (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 
downloadable format on its website.
    H.R. 1069 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, and help to eliminate 
even the appearance of impropriety. The reforms will also 
enable the taxpayer to know the sources of funds used to 
construct facilities that the taxpayer will then be asked to 
support.

                          LEGISLATIVE HISTORY

    H.R. 1069, the Presidential Library Donations Act of 2015, 
was introduced on February 25, 2015, by Rep. John J. Duncan, 
Jr. (R-TN) and referred to the Committee on Oversight and 
Government Reform. Rep. Elijah E. Cummings (D-MD) is an 
original cosponsor. At a business meeting on March 25, 2015, 
the Committee considered H.R. 1069 and ordered the bill 
reported by voice vote.
    H.R. 1069 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). Additionally, H.R. 1069 is nearly identical to H.R. 
1133 from the 113th Congress.

                           Section-by-Section

Section 1. Short title

    Designates short title as the ``Presidential Library 
Donation Reform Act of 2015''.

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 final 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 downloadable.
    Establishes legal penalties for entities to knowingly and 
willfully submit 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.
    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 were offered during Full Committee 
consideration of H.R. 1069.

                        Committee Consideration

    On March 25, 2015, the Committee met in open session and 
ordered reported favorably the bill, H.R. 1069, by voice vote, 
a quorum being present.

                            Roll Call Votes

    There were no recorded votes during Full Committee 
consideration of H.R. 1069.

              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 information on contributors to Presidential 
library fundraising organizations. 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 
goal or objective of this bill is to require information on 
contributors to Presidential library fundraising organizations.

                    Duplication of Federal Programs

    No provision of this bill 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

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     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 Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates 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

    This bill 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)(1) 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 
this bill. However, clause 3(d)(2)(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 of 
1974.

     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 this bill from the Director of 
Congressional Budget Office:

H.R. 1069--Presidential Library Donation Reform Act of 2015

    H.R. 1069 would require an organization that raises funds 
(or in-kind contributions) for a Presidential library to 
disclose the sources and amounts of such donations. Those 
organizations would have to identify any contributors of $200 
or more in a calendar quarter while the President is in office, 
as well as 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). Under the bill, NARA would be 
required to make this information freely available on the 
Internet in a downloadable database. Finally, the legislation 
would establish criminal penalties and fines for violations of 
its provisions.
    Based on information from NARA, CBO estimates that, 
assuming availability of appropriated funds, the agency would 
spend about $1 million over the 2016-2020 period to establish 
and maintain an online database. CBO estimates that any 
increases in federal spending to enforce penalties would be 
insignificant.
    Because those prosecuted and convicted under H.R. 1069 
would be subject to criminal and civil fines, enacting the 
legislation could increase federal revenues and associated 
direct spending. However, CBO estimates that such effects would 
not be significant in any year because of the small number of 
cases likely to be involved. Because the legislation would 
affect direct spending and revenues, pay-as-you-go procedures 
apply.
    H.R. 1069 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. 1069 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 submit reports would be 
minimal. CBO estimates, therefore, that the direct cost of the 
mandate would fall well below the annual threshold established 
in UMRA for private-sector mandates ($154 million in 2015, 
adjusted annually for inflation).
    On March 17, 2015, CBO transmitted a cost estimate for S. 
558, the Presidential Library Donation Reform Act of 2015, as 
ordered reported by the Senate Committee on Homeland Security 
and Governmental Affairs. Both bills contain similar 
provisions, however, the Senate committee version would require 
NARA to post the information from Presidential library 
organizations in a downloadable format while the House 
committee version would require NARA to create downloadable 
database of information submitted. Those differences are 
reflected in the CBO cost estimates.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, 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 and existing law in which no change is 
proposed is shown in roman):

                      TITLE 44, UNITED STATES CODE

           *       *       *       *       *       *       *
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

           *       *       *       *       *       *       *

Sec. 2112. Presidential archival depository

  (a)(1) When the Archivist considers it to be in the public 
interest, the Archivist may--
          (A)(i) accept, for and in the name of the United 
        States, land, a facility, and equipment offered as a 
        gift to the United States for the purpose of creating a 
        Presidential archival depository;
          (ii) take title to the land, facility, and equipment 
        on behalf of the United States; and
          (iii) maintain, operate, and protect the land, 
        facility, and equipment as a Presidential archival 
        depository and as part of the national archives system;
          (B)(i) make agreements, upon terms and conditions the 
        Archivist considers proper, with a State, political 
        subdivision, university, institution of higher 
        learning, institute, or foundation to use as a 
        Presidential archival depository land, a facility, and 
        equipment of the State, subdivision, university, or 
        other organization, to be made available by it without 
        transfer of title to the United States; and
          (ii) maintain, operate, and protect the depository as 
        a part of the national archives system; and
          (C) accept, for and in the name of the United States, 
        gifts offered for the purpose of making any physical or 
        material change or addition to a Presidential archival 
        depository.
  (2) The Archivist shall promulgate architectural and design 
standards applicable to Presidential archival depositories in 
order to ensure that such depositories (A) preserve 
Presidential records subject to chapter 22 of this title and 
papers and other historical materials accepted for deposit 
under section 2111 of this title and (B) contain adequate 
research facilities.
  (3) Prior to accepting and taking title to any land, 
facility, or equipment under subparagraph (A) of paragraph (1), 
or prior to entering into any agreement under subparagraph (B) 
of such paragraph or any other agreement to accept or establish 
a Presidential archival depository, the Archivist shall submit 
a written report on the proposed Presidential archival 
depository to the President of the Senate and the Speaker of 
the House of Representatives. The report shall include--
          (A) a description of the land, facility, and 
        equipment offered as a gift or to be made available 
        without transfer of title;
          (B) a statement specifying the estimated total cost 
        of the proposed depository and the amount of the 
        endowment for the depository required pursuant to 
        subsection (g) of this section;
          (C) a statement of the terms of the proposed 
        agreement, if any;
          (D) a general description of the types of papers, 
        documents, or other historical materials proposed to be 
        deposited in the depository to be created, and of the 
        terms of the proposed deposit;
          (E) a statement of any additional improvements and 
        equipment associated with the development and operation 
        of the depository, an estimate of the costs of such 
        improvements and equipment, and a statement as to the 
        extent to which such costs will be incurred by any 
        Federal or State government agency;
          (F) an estimate of the total annual cost to the 
        United States of maintaining, operating, and protecting 
        the depository; and
          (G) a certification that such facility and equipment 
        (whether offered as a gift or made available without 
        transfer of title) comply with standards promulgated by 
        the Archivist pursuant to paragraph (2) of this 
        subsection.
  (4) Prior to accepting any gift under subparagraph (C) of 
paragraph (1) for the purpose of making any physical or 
material change or addition to a Presidential archival 
depository, or prior to implementing any provision of law 
requiring the making of such a change or addition, the 
Archivist shall submit a report in writing on the proposed 
change or addition to the President of the Senate and the 
Speaker of the House of Representatives. The report shall 
include--
          (A) a description of such gift;
          (B) a statement specifying the estimated total cost 
        of the proposed physical or material change or addition 
        and the amount of the deposit in an endowment for the 
        depository required pursuant to subsection (g) of this 
        section in order to meet the cost of such change or 
        addition;
          (C) a statement of the purpose of the proposed change 
        or addition and a general description of any papers, 
        documents, or historical materials proposed to be 
        deposited in the depository as a result of such change 
        or addition;
          (D) a statement of any additional improvements or 
        equipment for the depository associated with such 
        change or addition;
          (E) an estimate of the increase in the total annual 
        cost to the United States of maintaining, operating, 
        and protecting the depository that will result from 
        such change or addition; and
          (F) a certification that the depository, and the 
        equipment therein will, after such change or addition, 
        comply with the standards promulgated by the Archivist 
        pursuant to paragraph (2) of this subsection.
  (5) The Archivist may not--
          (A) accept or take title to land, a facility, or 
        equipment under subparagraph (A) of paragraph (1) for 
        the purpose of creating a Presidential archival 
        depository;
          (B) enter into any agreement under subparagraph (B) 
        of such paragraph or any other agreement to accept or 
        establish a Presidential archival depository; or
          (C) accept any gift under subparagraph (C) of such 
        paragraph for the purpose of making any physical or 
        material change to a Presidential archival depository,
until the expiration of a period of 60 days of continuous 
session of Congress beginning on the date on which the 
Archivist transmits the report required under paragraph (3) of 
this subsection with respect to such Presidential archival 
depository or the report required under paragraph (4) of this 
subsection with respect to such change or addition, as the case 
may be.
  (b) When the Archivist considers it to be in the public 
interest, he may deposit in a Presidential archival depository 
papers, documents, or other historical materials accepted under 
section 2112 of this title, or Federal records appropriate for 
preservation.
  (c) When the Archivist considers it to be in the public 
interest, he may exercise, with respect to papers, documents, 
or other historical materials deposited under this section, or 
otherwise, in a Presidential archival depository, all the 
functions and responsibilities otherwise vested in him 
pertaining to Federal records or other documentary materials in 
his custody or under his control. The Archivist, in negotiating 
for the deposit of Presidential historical materials, shall 
take steps to secure to the Government, as far as possible, the 
right to have continuous and permanent possession of the 
materials. Papers, documents, or other historical materials 
accepted and deposited under section 2112 of this title and 
this section are subject to restrictions as to their 
availability and use stated in writing by the donors or 
depositors, including the restriction that they shall be kept 
in Presidential archival depository. The restrictions shall be 
respected for the period stated, or until revoked or terminated 
by the donors or depositors or by persons legally qualified to 
act on their behalf. Subject to the restrictions, the Archivist 
may dispose by sale, exchange, or otherwise, of papers, 
documents, or other materials which the Archivist determines to 
have no permanent value or historical interest or to be surplus 
to the needs of a Presidential archival depository. Only the 
first two sentences of this subsection shall apply to 
Presidential records as defined in section 2201(2) of this 
title.
  (d) When the Archivist considers it to be in the public 
interest, he may cooperate with and assist a university, 
institution of higher learning, institute, foundation, or other 
organization or qualified individual to further or to conduct 
study or research in historical materials deposited in a 
Presidential archival depository.
  (e) When the Archivist considers it to be in the public 
interest, he may charge and collect reasonable fees for the 
privilege of visiting and viewing exhibit rooms or museum 
space, or for the occasional, non-official use of rooms and 
spaces (and services related to such use), in a Presidential 
archival depository.
  (f) When the Archivist considers it to be in the public 
interest, he may provide reasonable office space in a 
Presidential archival depository for the personal use of a 
former President of the United States.
  (g)(1) When the Archivist considers it to be in the public 
interest, the Archivist may solicit and accept gifts or 
bequests of money or other property for the purpose of 
maintaining, operating, protecting, or improving a Presidential 
archival depository. The proceeds of gifts or bequests, 
together with the proceeds from fees or from sales of 
historical materials, copies or reproductions, catalogs, or 
other items, having to do with a Presidential archival 
depository, shall be paid into an account in the National 
Archives Trust Fund and shall be held, administered, and 
expended for the benefit and in the interest of the 
Presidential archival depository in connection with which they 
were received, and for the same purposes and objects, including 
custodial and administrative services for which appropriations 
for the maintenance, operation, protection, or improvement of 
Presidential archival depositories might be expended.
  (2) The Archivist shall provide for the establishment in such 
Trust Fund of separate endowments for the maintenance of the 
land, facility, and equipment of each Presidential archival 
depository, to which shall be credited any gifts or bequests 
received under paragraph (1) that are offered for that purpose. 
Income to each such endowment shall be available to cover the 
cost of facility operations, but shall not be available for the 
performance of archival functions under this title.
  (3) The Archivist shall not accept or take title to any land, 
facility, or equipment under subparagraph (A) of subsection 
(a)(1), or enter into any agreement to use any land, facility, 
or equipment under subparagraph (B) of such subsection for the 
purpose of creating a Presidential archival depository, unless 
the Archivist determines that there is available, by gift or 
bequest for deposit under paragraph (2) of this subsection in 
an endowment with respect to such depository, an amount for the 
purpose of maintaining such land, facility, and equipment equal 
to--
          (A) the product of--
                  (i) the total cost of acquiring or 
                constructing such facility and of acquiring and 
                installing such equipment, multiplied by
                  (ii) 20 percent; plus
          (B)(i) if title to the land is to be vested in the 
        United States, the product of--
                  (I) the total cost of acquiring the land upon 
                which such facility is located, or such other 
                measure of the value of such land as is 
                mutually agreed upon by the Archivist and the 
                donor, multiplied by
                  (II) 20 percent; or
          (ii) if title to the land is not to be vested in the 
        United States, the product of--
                  (I) the total cost to the donor of any 
                improvements to the land upon which such 
                facility is located (other than such facility 
                and equipment), multiplied by
                  (II) 20 percent; plus
          (C) if the Presidential archival depository will 
        exceed 70,000 square feet in area, an amount equal to 
        the product of--
                  (i) the sum of--
                          (I) the total cost described in 
                        clause (i) of subparagraph (A); plus
                          (II) the total cost described in 
                        subclause (I) or (II) of subparagraph 
                        (B)(i), as the case may be, multiplied 
                        by
                  (ii) the percentage obtained by dividing the 
                number of square feet by which such depository 
                will exceed 70,000 square feet by 70,000.
  (4) If a proposed physical or material change or addition to 
a Presidential archival depository would result in an increase 
in the costs of facility operations, the Archivist may not 
accept any gift under subparagraph (C) of paragraph (1) for the 
purpose of making such a change or addition, or may not 
implement any provision of law requiring the making of such a 
change or addition, unless the Archivist determines that there 
is available, by gift or bequest for deposit under paragraph 
(2) of this subsection in an endowment with respect to such 
depository, an amount for the purpose of maintaining the land, 
facility, and equipment of such depository equal to the 
difference between--
          (A) the amount which, pursuant to paragraph (3) of 
        this subsection, would have been required to have been 
        available for deposit in such endowment with respect to 
        such depository if such change or addition had been 
        included in such depository on--
                  (i) the date on which the Archivist took 
                title to the land, facility, and equipment for 
                such depository under subparagraph (A) of 
                subsection (a)(1); or
                  (ii) the date on which the Archivist entered 
                into an agreement for the creation of such 
                depository under subparagraph (B) of such 
                paragraph,
        as the case may be; minus
          (B) the amount which, pursuant to paragraph (3) of 
        this subsection, was required to be available for 
        deposit in such endowment with respect to such 
        depository on the date the Archivist took such title or 
        entered into such agreement, as the case may be.
          (5)(A) Notwithstanding paragraphs (3) and (4) (to the 
        extent that such paragraphs are inconsistent with this 
        paragraph), this subsection shall be administered in 
        accordance with this paragraph with respect to any 
        Presidential archival depository created as a 
        depository for the papers, documents, and other 
        historical materials and Presidential records 
        pertaining to any President who takes the oath of 
        office as President for the first time on or after July 
        1, 2002.
          (B) For purposes of subparagraphs (A)(ii), 
        (B)(i)(II), and (B)(ii)(II) of paragraph (3) the 
        percentage of 60 percent shall apply instead of 20 
        percent.
          (C)(i) In this subparagraph, the term ``base 
        endowment amount'' means the amount of the endowment 
        required under paragraph (3).
          (ii)(I) The Archivist may give credits against the 
        base endowment amount if the Archivist determines that 
        the proposed Presidential archival depository will have 
        construction features or equipment that are expected to 
        result in quantifiable long-term savings to the 
        Government with respect to the cost of facility 
        operations.
          (II) The features and equipment described under 
        subclause (I) shall comply with the standards 
        promulgated by the Archivist under subsection (a)(2).
          (III) The Archivist shall promulgate standards to be 
        used in calculating the dollar amount of any credit to 
        be given, and shall consult with all donors of the 
        endowment before giving any credits. The total dollar 
        amount of credits given under this paragraph may not 
        exceed 20 percent of the base endowment amount.
          (D)(i) In calculating the additional endowment amount 
        required under paragraph (4), the Archivist shall take 
        into account credits given under subparagraph (C), and 
        may also give credits against the additional endowment 
        amount required under paragraph (4), if the Archivist 
        determines that construction features or equipment used 
        in making or equipping the physical or material change 
        or addition are expected to result in quantifiable 
        long-term savings to the Government with respect to the 
        cost of facility operations.
          (ii) The features and equipment described under 
        clause (i) shall comply with the standards promulgated 
        by the Archivist under subsection (a)(2).
          (iii) The Archivist shall promulgate standards to be 
        used in calculating the dollar amount of any credit to 
        be given, and shall consult with all donors of the 
        endowment before giving any credits. The total dollar 
        amount of credits given under this paragraph may not 
        exceed 20 percent of the additional endowment amount 
        required under paragraph (4).
  (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 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 
                        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 
                organization.--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.

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