U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

99–010

" SENATE ! 107TH CONGRESS

2d Session 

REPORT

2002

107–160

Calendar No. 413

AMENDING TITLE 44, UNITED STATES CODE, TO REQUIRE ANY ORGANIZATION THAT IS ESTABLISHED 

FOR THE PURPOSE OF RAISING FUNDS FOR CREATING, MAINTAINING, EXPANDING, OR CONDUCTING 

ACTIVITIES AT A PRESIDENTIAL ARCHIVAL DEPOSITORY OR ANY FACILITIES RELATING TO A PRESIDENTIAL ARCHIVAL DEPOSITORY TO DISCLOSE THE 

SOURCES AND AMOUNTS OF ANY FUNDS RAISED, 

AND FOR OTHER PURPOSES

REPORT

OF THE

COMMITTEE ON GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE

TO ACCOMPANY

H.R. 577

AMENDING TITLE 44, UNITED STATES CODE, TO REQUIRE ANY 

ORGANIZATION THAT IS ESTABLISHED FOR THE PURPOSE OF 

RAISING FUNDS FOR CREATING, MAINTAINING, EXPANDING, OR 

CONDUCTING ACTIVITIES AT A PRESIDENTIAL ARCHIVAL DEPOSITORY OR ANY FACILITIES RELATING TO A PRESIDENTIAL 

ARCHIVAL DEPOSITORY TO DISCLOSE THE SOURCES AND 

AMOUNTS OF ANY FUNDS RAISED, AND FOR OTHER PURPOSES

JUNE 11, 2002.—Ordered to be printed 


E:\Seals\Congress.#13
(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS

JOSEPH I. LIEBERMAN, Connecticut, Chairman

CARL LEVIN, Michigan

DANIEL K. AKAKA, Hawaii

RICHARD J. DURBIN, Illinois

ROBERT G. TORRICELLI, New Jersey

MAX CLELAND, Georgia

THOMAS R. CARPER, Delaware

JEAN CARNAHAN, Missouri

MARK DAYTON, Minnesota

FRED THOMPSON, Tennessee

TED STEVENS, Alaska

SUSAN M. COLLINS, Maine

GEORGE V. VOINOVICH, Ohio

THAD COCHRAN, Mississippi

ROBERT F. BENNETT, Utah

JIM BUNNING, Kentucky

PETER G. FITZGERALD, Illinois

JOYCE A. RECHTSCHAFFEN, Staff Director and Counsel

SUSAN E. PROPPER, Counsel

RICHARD A. HERTLING, Minority Staff Director

JANA SINCLAIR WHITE, Counsel to the Minority

DARLA D. CASSELL, Chief Clerk

Calendar No. 413

107TH CONGRESS REPORT

2d Session " ! SENATE 107–160

AMENDING TITLE 44, UNITED STATES CODE, TO REQUIRE ANY ORGANIZATION THAT IS ESTABLISHED FOR THE PURPOSE OF RAISING FUNDS FOR

CREATING, MAINTAINING, EXPANDING, OR CONDUCTING ACTIVITIES AT

A PRESIDENTIAL ARCHIVAL DEPOSITORY OR ANY FACILITIES RELATING

TO A PRESIDENTIAL ARCHIVAL DEPOSITORY TO DISCLOSE THE

SOURCES AND AMOUNTS OF ANY FUNDS RAISED, AND FOR OTHER PURPOSES

JUNE 11, 2002.—Ordered to be printed

Mr. LIEBERMAN, from the Committee on Governmental Affairs,

submitted the following

R E P O R T

[To accompany H.R. 577]

The Committee on Governmental Affairs, to which was referred

the bill (H.R. 577) to amend title 44, United States Code, to require

any organization that is established for the purpose of raising

funds for creating, maintaining, expanding, or conducting activities

at a Presidential archival depository or any facilities relating to a

Presidential archival depository to disclose the sources and

amounts of any funds raised, and for other purposes, reports favorably thereon without amendment and recommends that the bill do

pass.

CONTENTS

I. Purpose and Summary........................................................................................... 1

II. Background ............................................................................................................. 2

III. Discussion of Legislation ....................................................................................... 4

IV. Legislative History ................................................................................................. 5

V. Section-by-Section Analysis ................................................................................... 6

VI. Evaluation of Regulatory Impact .......................................................................... 7

VII. CBO Cost Estimate ................................................................................................ 8

VIII. Changes to Existing Law....................................................................................... 9

I. PURPOSE AND SUMMARY

H.R. 577 is a bill to amend title 44, United States Code, to require any organization that is established for the purpose of raising

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funds for creating, maintaining, expanding, or conducting activities

at a Presidential archival depository or any facilities relating to a

presidential archival depository to disclose the sources and

amounts of any funds raised, and for other purposes. Under existing law, current and former Presidents, through privately established foundations, are free to raise unlimited amounts of money

from undisclosed sources to fund the construction and maintenance

of their presidential libraries and related facilities. H.R. 577 would

amend the Presidential Libraries Act (44 U.S.C. 2112) to make the

fundraising process for presidential libraries open to public scrutiny by requiring the disclosure of the sources and amounts of certain donations made during and after a President’s term in office.

II. BACKGROUND

HISTORY OF THE PRESIDENTIAL LIBRARY SYSTEM

The Presidential library system formally began in 1939, when

President Franklin D. Roosevelt developed the concept of a federally maintained presidential library to house his presidential papers and other historical materials. Friends of President Roosevelt

formed a corporation to raise funds for the construction of a library

located on the grounds of his family home in Hyde Park, New York.

President Roosevelt’s decision to create a library came from his belief that presidential papers are an important part of the Nation’s

heritage and should be accessible to the public. With the exception

of President Richard Nixon, every President since President Herbert Hoover now has a presidential library that is administered by

the National Archives and Records Administration (NARA). (The

Nixon presidential papers and tapes are, by law, under NARA’s

control and custody, and are maintained at NARA facilities in College Park, MD. Other Nixon papers and memorabilia are kept at

the Nixon library, which continues to be administered by the Nixon

Foundation, a private foundation.) According to the NARA website,

today these libraries maintain more than 400 million pages of text

materials; nearly 10 million photographs; more than 15 million feet

of motion picture film; nearly 100,000 hours of disc, audiotape, and

videotape recordings; and approximately 500,000 presidential objects. The libraries are a valuable resource for historians, academics, researchers and the public.

The Presidential Libraries Act of 1955 (P.L. 84–373) established

the basic policy for creating federally maintained presidential libraries. To establish a presidential library, friends, family members

and associates of an incumbent President generally establish a private foundation or other organization to receive contributions to obtain a site and to construct the facility. Once completed, the facility

is turned over, along with an operating endowment, to NARA,

which is headed by the Archivist of the United States. NARA operates and maintains presidential libraries using the operating endowment (described below) and federally appropriated funds. The

libraries are typically located either in the former President’s

hometown or on a university campus. They house the official

records and papers of the former Presidents, as well as documentary materials of his family and associates.

To address concerns about the increasing taxpayer cost of presidential libraries, Congress amended the Presidential Libraries Act

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in 1986 (P.L. 99–323), establishing certain reporting requirements

for NARA, architectural and design conditions, and fiscal limitations regarding future presidential libraries, including a requirement that an operating endowment be provided. The endowment

requirement is intended to offset building operation costs and to reduce the amount of appropriations needed for building operations

for the libraries of ‘‘any President who takes the oath of office as

President for the first time on or after January 20, 1985.’’ The law

requires that an endowment of 20 percent of the cost of the building be transferred to the government at the time the library is

turned over. 44 U.S.C. § 2112(g)(3). Libraries larger than 70,000

square feet must be supported by an endowment that increases in

accordance with the size of the building. Id.

THE NEED FOR DISCLOSURE OF PRESIDENTIAL LIBRARY DONATIONS

Over the years, presidential libraries have evolved into multipurpose institutes that, in addition to housing the official papers of

a former President, can include museums, conference facilities, and

classrooms. The cost of these facilities can be substantial. According to the George Bush Presidential Library Center Construction

and Fact Sheet, the George Bush Presidential Library Center honoring President George H.W. Bush cost approximately $82 million

to construct; roughly half of that cost was defrayed by private contributions to the George Bush Presidential Library Foundation,

with the remainder funded by Texas A&M University. A December

6, 2001 article in The Arkansas Democrat-Gazette reports that construction of the Clinton Presidential Center is expected to cost $104

million and that the William J. Clinton Foundation is seeking to

raise $200 million to build and endow the facility.

Fund-raising for presidential libraries can begin well before a

President leaves office. At an April 5, 2001 hearing on H.R. 577 before the House Subcommittee on Government Efficiency, Financial

Management and Intergovernmental Relations, Lawrence Noble,

Executive Director and General Counsel, Center for Responsive

Politics, testified that ‘‘fund-raising efforts for the Clinton presidential library began in 1998, less than halfway into Clinton’s second term. The Reagan Presidential Foundation was fund-raising as

early as August 1986, two and a half years before President

Reagan left office.’’

Under current law, there are no limits on the amount of money

Presidents and their associates may raise for a presidential library,

no constraints on when fund-raising can begin, and no limits on the

size of donations. Unlike the disclosure of contributions to federal

campaigns under the Federal Election Campaign Act (2 U.S.C.

§§ 431 et seq.) or the disclosure of the amounts interested parties

spend to lobby Congress and the federal government under the

Lobbying Disclosure Act (2 U.S.C. §§ 1601 et seq.), there is no requirement that donations to a presidential library be publicly disclosed.

Witnesses at the April 5 House Subcommittee hearing supported

the need for disclosure of presidential library donations, including

Lawrence Noble; Scott Harshbarger, President of Common Cause;

Paul Light, Center for Public Service, Brookings Institution; and

Kenneth Gross, attorney, Skadden, Arps, Slate, Meagher & Flom,

LLP. They argued that undisclosed contributions created a percepVerDate 11-MAY-2000 06:11 Jun 13, 2002 Jkt 099010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR160.XXX pfrm12 PsN: SR160
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tion of impropriety and noted the benefits of disclosure to public

confidence in the political process. According to Mr. Gross, ‘‘[t]he

public disclosure of donors to presidential libraries will make the

fund-raising process more transparent and less secretive, blunt

undue influence over important governmental decisions through

the pressure of public scrutiny, and bolster the public’s confidence

in our system of government.’’ Mr. Harshbarger stated in his testimony that requiring disclosure is important even after a President

leaves office because many former Presidents retain great influence

in their political parties and with others still serving in office. Mr.

Gross testified that it is important to ‘‘require disclosure both during and after a President’s term. By doing so, the bill will present

donors from sidestepping disclosure by agreeing, pledging or promising—while the President remains in office—to make contributions

to a Presidential Library after the term has expired.’’ (Emphasis in

original)

III. DISCUSSION OF LEGISLATION

H.R. 577 amends the Presidential Libraries Act, 44 U.S.C.

§ 2112. The bill requires any organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a presidential library or related facility to submit to Congress and NARA information about certain contributions

it receives. A similar bill, S. 645, was introduced in the Senate by

Senator Specter and co-sponsored by Senators Biden, Clinton, Feinstein, Grassley, Hatch, Kohl, Leahy and Sessions; it generally

would have required a sitting President to disclose information

about certain contributions to his Presidential library fund by including that information in the President’s financial disclosure report required by the Ethics in Government Act of 1978.

Under H.R. 577, there are two thresholds for disclosing donations; the applicable threshold is determined by whether the President is still in office and whether NARA has accepted responsibility

for the facility. Organizations raising funds for a presidential library are required to disclose the date, amount and source of contributions (whether monetary or in-kind) they receive that total

$200 a year or more while the President is in office, and after he

leaves office until such time as NARA has accepted, taken title to,

or entered into an agreement to use any land or facility. The $200

disclosure trigger parallels that contained in the Federal Election

Campaign Act, which governs disclosure of contributions to federal

campaigns. After a President has left office and NARA has accepted, taken title to, or entered into an agreement to use any land or

facility, organizations raising funds for a presidential library are

required to disclose the date, amount and source of contributions

they receive (whether monetary or in-kind) that total $5000 a year

or more. The $5000 threshold corresponds to the trigger for contributions that tax-exempt foundations must disclose to the IRS.

The organization must provide the information about contributors, including the date and amount of each contribution and the

identity of the contributor (including the contributor’s address and

occupation) to NARA, the Committee on Government Reform in the

House of Representatives and the Committee on Governmental Affairs in the Senate. In addition, NARA is required to make the information available to the public on the Internet.

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H.R. 577 makes it illegal for either a contributor or an organization raising funds for a presidential library to knowingly submit

false material information or to omit material information regarding a contribution. Providing false information is punishable as a

felony in accordance with the penalties described in 18 U.S.C.

§ 1001. It is also illegal to make a contribution in the name of another person or for a person to knowingly permit his or her name

to be used to make such a contribution. In addition, it is unlawful

to knowingly accept a contribution made by one person in the name

of another person. Penalties for making or accepting a contribution

made in the name of another person are the same as those set

forth in section 309(d) of the Federal Election Campaign Act of

1971 (2 U.S.C. § 437g(d)).

The Archivist of the United States is authorized to promulgate

regulations for the purpose of carrying out the provisions of the

bill. The bill applies to organizations raising funds for presidential

libraries that are established before, on or after the date of enactment of the bill, but it applies only to contributions (monetary or

in-kind) made after the date of enactment.

IV. LEGISLATIVE HISTORY

H.R. 577 was introduced in the House of Representatives on February 13, 2001 by Representative John Duncan. The bill was referred to the Subcommittee on Government Efficiency, Financial

Management and Intergovernmental Relations of the House Committee on Government Reform, which held a earing on the bill on

April 5, 2001. Witnesses at the hearing included Dr. Lewis J.

Bellardo, Deputy Archivist of the United States; Lawrence Noble,

Executive Director and General Counsel, Center for Responsive

Politics; Scott Harshbarger, President of Common Cause; Paul

Light, Center for Public Service, Brookings Institution; and Kenneth Gross, attorney, Skadden, Arps, Slate, Meagher & Flom, LLP,

an expert on campaign finance, ethics and lobbying. The Subcommittee held a markup of the legislation on May 8, 2001. Subcommittee Chairman Stephen Horn offered an amendment in the

nature of a substitute at the markup which was favorably reported

to the full Committee on Government Reform by voice vote. Chairman Horn’s amendment included provisions to establish how the

disclosure process would work.

The House Committee on Government Reform met to consider

H.R. 577, as amended, on May 17, 2001. Committee Chairman Dan

Burton offered an amendment in the nature of a substitute that

provided separate requirements for disclosure of donations while a

President is in office and, after he leaves office, when NARA has

assumed responsibility for the facility. Chairman Burton’s substitute amendment was adopted by voice vote and reported to the

full House with a second degree amendment offered by Representative Janice Schakowsky.

On February 5, 2002, the House considered H.R. 577 under suspension of the rules with a substitute amendment offered by Chairman Horn. The substitute amendment deleted the provisions of

Rep. Schakowsky’s amendment and added additional disclosure requirements for presidential library contributions. H.R. 577 passed

the House as amended by a vote of 392–3.

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On February 6, 2002, the bill was received in the Senate and referred to the Committee on Governmental Affairs. At the Committee’s March 21, 2002 markup, H.R. 577 was reported without

amendment by voice vote, with no nays. Members present were

Levin, Akaka, Cleland, Thompson, Stevens, Voinovich, Cochran,

Bennett and Lieberman.

V. SECTION-BY-SECTION ANALYSIS

Sec. 1. Requirement to disclose sources and amounts of funds raised

for presidential archival depository

Paragraph (a). In General. Paragraph (a) adds a new subsection

(h) to section 2112 of title 44, United States Code.

Subsection (h)(1) requires that any organization that is established for the purpose of raising funds for creating, maintaining,

expanding or conducting activities at a presidential archival depository (commonly referred to as a presidential library) or related facilities must submit, no later than the date required under subsection (h)(2), information regarding certain contributors to the organization. This information must be reported to the National Archives and Records Administration (NARA), the House Committee

on Government Reform and the Senate Committee on Governmental Affairs. Under subsection (h)(1)(A), while a President is in

office, and after he leaves office until such time as NARA accepts,

takes title to, or enters into an agreement to use any land or facility, an organization receiving funds for a presidential library must

disclose information about each contributor who has made contributions totaling $200 or more (whether monetary or in-kind) in

the calendar year prior to the due date of the report. This amount

parallels the threshold for disclosing contributions to federal political committees under the Federal Election Campaign Act, 2 U.S.C.

§ 434(b). Subsection (h)(1)(B) provides that, once a President has

left office and NARA has accepted, taken title to, or entered into

an agreement to use any land or facility, the organization must disclose information about each contributor who has made contributions totaling $5000 or more (whether monetary or in-kind) in the

calendar year prior to the due date of the report. This threshold

corresponds to the requirement that tax-exempt foundations must

keep and report to the IRS information regarding certain contributions totaling $5000 or more a year on IRS Form 990–PF, Schedule

B.

Subsection (h)(2) prescribes the dates on which the organization

must submit the required information regarding its contributors.

Under subsection (h)(2)(A), organizations receiving funds for the library of a President who is still in office or before the Archivist has

accepted, taken title to, or entered into an agreement to use any

land or facility, must disclose information about its contributors by

January 31 of each year. This date corresponds to the date by

which year end reports must be filed by federal candidates and political committees under the Federal Election Campaign Act, 2

U.S.C. § 434(a)(2). Once a President has left office and the Archivist

has accepted, taken title to, or entered into an agreement to use

any land or facility, contributor information must be disclosed by

May 31 of each year. This date is 16 days after the date on which

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most tax-exempt foundations file their annual tax returns with the

IRS.

Subsection (h)(3) describes the information that must be provided

regarding contributors whose total contributions in a year exceed

the applicable thresholds. Subsection (h)(3)(A) requires the disclosure of the amount and value of each contribution made by a contributor during the year. Subsection (h)(3)(B) requires the disclosure of the source of each contribution and the contributor’s address. Under subsection (h)(3)(C), if the source of the contribution

is an individual, the contributor’s occupation must be disclosed. In

addition, subsection (h)(3)(D) requires disclosure of the date of each

contribution.

Subsection (h)(4) requires the Archivist to make the contributor

information reported to NARA publicly available through the Internet or a successor technology that is readily available to the public.

Subsection (h)(5)(A) prohibits a contributor from knowingly and

willfully submitting false material information or omitting material

information with respect to the contribution. Under subsection

(h)(5)(B), a violation of subsection (h)(5)(A) is treated as a felony,

subject to the penalties described in 18 U.S.C. § 1001.

Subsection (h)(6)(A) prohibits an organization receiving contributions for a presidential library from knowingly and willfully submitting false material information, or omitting material information, regarding contributions required to be disclosed under this

bill. Under subsection (h)(6)(B), a violation of subsection (h)(6)(A)

is treated as a felony, subject to the penalties described in 18

U.S.C. § 1001.

Subsection (h)(7)(A) prohibits any person from knowingly and

willfully making a contribution to a presidential library in the

name of another person or permitting his or her name to be used

to make such a contribution. This subsection also prohibits the acceptance of contributions made by one person in the name of another person. Under subsection (h)(7)(B), a violation of subsection

(h)(7)(A) is subject to the penalties set forth in 2 U.S.C. § 437g(d),

the Federal Election Campaign Act, and is treated as if the violation were a violation of 2 U.S.C. § 441b(b)(3) of that Act, a crossreference that operates to apply the sanctions described in section

437g(d)(1)(B).

Subsection (h)(8) authorizes NARA to promulgate regulations to

implement the provisions of subsection (h).

Paragraph (b). Applicability. Paragraph (b) of the bill describes

the organizations and contributions to which section 2112(h) of title

44, United States Code applies. Organizations established to raise

funds for a presidential library before, on or after the date of enactment of H.R. 577 are covered by the provisions of subsection (h)

However, the requirement to disclose information about contributions applies only to contributions made after the date of enactment.

VI. EVALUATION OF REGULATORY IMPACT

Paragraph 11(b)(1) of the Standing Rules of the Senate requires

that each report accompanying a bill evaluate ‘‘the regulatory impact which would be incurred in carrying out this bill.’’

The enactment of this legislation will not have significant regulatory impact.

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VII. CBO COST ESTIMATE

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, April 8, 2002.

Hon. JOSEPH I. LIEBERMAN,

Chairman, Committee on Governmental Affairs,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 577, an act to amend title

44, United States Code, to require any organization that is established for the purpose of raising funds for creating, maintaining,

expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository to disclose the sources and amounts of any funds raised, and

for other purposes.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contacts are Matthew Pickford (for

federal costs) and Paige Piper/Bach (for the private-sector impact).

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 577—An act to amend title 44, United States Code, to require

any organization that is established for the purpose of raising

funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository to disclose the

sources and amounts of any funds raised, and for other purposes

CBO estimates that enacting H.R. 577 would have no significant

impact on the federal budget. Because the act could affect direct

spending and receipts, pay-as-you-go procedures would apply. H.R.

577 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. 577 would impose a private-sector mandate, as defined by UMRA. CBO estimates that the direct cost of the mandate would fall well below the

annual threshold established by UMRA for private-sector mandates

($115 million in 2002, adjusted annually for inflation).

H.R. 577 would require any organization that raises funds for a

presidential library to disclose the sources and amounts of such

funds. The act’s provisions would generally apply to annual donations greater than $200 for the current President or $5,000 or larger for former Presidents. Additionally, H.R. 577 would require

fund-raising organizations to provide this information to the Administration and the Congress annually. The act would direct the

National Archives and Records Administration (NARA) to make

this information public. Finally, the act would establish criminal

penalties, including fines, for violations of its provisions.

Based on information from NARA, CBO estimates that the increased administrative costs to implement the act would be less

than $500,000 annually from appropriated funds. H.R. 577 would

establish a new federal crime, so the government would be able to

9

pursue cases that it otherwise would not be able to prosecute. However, because we expect H.R. 577 to apply to a very small number

of offenders, any increase in costs for law enforcement, court proceedings, or prison operations would not be significant. Any such

costs would be subject to the availability of appropriated funds.

Because those prosecuted and convicted under H.R. 577 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 governmental receipts (revenues),

which are 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. 577 would impose a private-sector mandate as defined by

UMRA on organizations established for the purpose of raising

funds for Presidential archival depositories. The act would require

those institutions to report each year to the Administration and

certain Congressional committees the sources and amounts of contributions valued over certain amounts. The cost for such organizations and foundations 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 ($115 million in 2002, adjusted

annually for inflation).

On May 24, 2001, CBO prepared a cost estimate for H.R. 577,

as ordered reported by the House Committee on Government Reform on May 17, 2001. These two versions of the legislation are

similar, and their estimated costs are the same.

The CBO staff contacts for this estimate are Matthew Pickford

(for federal costs) and Paige Piper/Bach (for the private-sector impact). This estimate was approved by Peter H. Fontaine, Deputy

Assistant Director for Budget Analysis.

VIII. CHANGES TO EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, changes in existing law made by H.R. 577 as

reported are shown as follows (existing law proposed to be omitted

is enclosed in brackets, new matter is printed in italic, and existing

law in which no change is proposed is shown in roman):

UNITED STATES CODE

TITLE 44—PUBLIC PRINTING AND

DOCUMENTS

* * * * * * *

CHAPTER 21—NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

* * * * * * *

§ 2112. Presidential archival depository

* * * * * * *

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(h)(1) Any organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository, shall submit to the Administration, the Committee on Government Reform of the House of

Representatives, and the Committee on Governmental Affairs of the

Senate on an annual basis, by not later than the applicable date

specified in paragraph (2), information with respect to every contributor who, during the year—

(A) with respect to a Presidential archival depository of a

President who currently holds the Office of President or for

which the Archivist has not accepted, taken title to, or entered

into an agreement to use any land or facility, gave the organization a contribution or contributions (whether monetary or inkind) totaling $200 or more for the year; or

(B) with respect to a Presidential archival depository of a

President who no longer holds the Office of President and for

which the Archivist has accepted, taken title to, or entered into

an agreement to use any land or facility, gave the organization

a contribution or contributions (whether monetary or in-kind)

totaling $5000 or more for the year.

(2) For purposes of paragraph (1), the applicable date—

(A) with respect to information required under paragraph

(1)(A), shall be January 31 of each year; and

(B) with respect to information required under paragraph

(1)(B), shall be May 31 of each year.

(3) As used in this subsection, in term ‘information’ means the following:

(A) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the year covered by the

submission.

(B) The source of each such contribution, and the address of

the entity or individual that is the source of the contribution.

(C) If the source of such a contribution is an individual, the

occupation of the individual.

(D) The date of each such contribution.

(4) The Archivist shall make available to the public through the

Internet (or a successor technology readily available to the public)

any information that is submitted in accordance with paragraph

(1).

(5)(A) 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.

(B) The penalties described in section 1001 of title 18, United

States Code, shall apply with respect to a violation of subparagraph

(A) in the same manner as a violation described in such section.

(6)(A) It shall be unlawful for any organization described in paragraph (1) to knowingly and willfully submit false material information or omit material information under such paragraph.

(B) The penalties described in section 1001 of title 18, United

States Code, shall apply with respect to a violation of subparagraph

(A) in the same manner as a violation described in such section.

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(7)(A) 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) 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.

(8) The Archivist shall promulgate regulations for the purpose of

carrying out this subsection.

Æ