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[Senate Report 107-160]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
 2d Session                      SENATE                         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

                               __________

                              R E P O R T

                                 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
                   COMMITTEE ON GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 FRED THOMPSON, Tennessee
DANIEL K. AKAKA, Hawaii              TED STEVENS, Alaska
RICHARD J. DURBIN, Illinois          SUSAN M. COLLINS, Maine
ROBERT G. TORRICELLI, New Jersey     GEORGE V. VOINOVICH, Ohio
MAX CLELAND, Georgia                 THAD COCHRAN, Mississippi
THOMAS R. CARPER, Delaware           ROBERT F. BENNETT, Utah
JEAN CARNAHAN, Missouri              JIM BUNNING, Kentucky
MARK DAYTON, Minnesota               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
                                 SENATE
 2d Session                                                     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 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 andmaintenance 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 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. Sec. 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 
multi-purpose 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. Sec. Sec. 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. Sec. Sec. 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 perception 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. 
Sec. 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.
    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. Sec. 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. Sec. 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.
    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. Sec. 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. 
Sec. 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 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. Sec. 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. Sec. 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. Sec. 437g(d), the Federal Election 
Campaign Act, and is treated as if the violation were a 
violation of 2 U.S.C. Sec. 441b(b)(3) of that Act, a cross-
reference 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.

                         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 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

           *       *       *       *       *       *       *

Sec. 2112. Presidential archival depository

           *       *       *       *       *       *       *

    (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 in-
        kind) 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.
    (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.

                                
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