I 

111TH CONGRESS 

1ST SESSION H. R. 36 

To amend title 44, United States Code, to require information on contributors 

to Presidential library fundraising organizations. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. TOWNS (for himself, Mr. ISSA, Mr. WAXMAN, Mr. DUNCAN, Mr. CLAY, 

and Mr. SHERMAN) introduced the following bill; which was referred to 

the Committee on Oversight and Government Reform 

A BILL 

To amend title 44, United States Code, to require information on contributors to Presidential library fundraising 

organizations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Presidential Library 

5 Donation Reform Act of 2009’’. 

6 SEC. 2. PRESIDENTIAL LIBRARIES. 

7 (a) IN GENERAL.—Section 2112 of title 44, United 

8 States Code, is amended by adding at the end the fol9 lowing new subsection: 


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1 ‘‘(h)(1) Any Presidential library fundraising organi2 zation shall submit on a quarterly basis, in accordance 

3 with paragraph (2), information with respect to every con4 tributor who gave the organization a contribution or con5 tributions (whether monetary or in-kind) totaling $200 or 

6 more for the quarterly period. 

7 ‘‘(2) For purposes of paragraph (1)— 

8 ‘‘(A) the entities to which information shall be 

9 submitted under that paragraph are the Administra10 tion, the Committee on Oversight and Government 

11 Reform of the House of Representatives, and the 

12 Committee on Homeland Security and Governmental 

13 Affairs of the Senate; 

14 ‘‘(B) the dates by which information shall be 

15 submitted under that paragraph are April 15, July 

16 15, October 15, and January 15 of each year and 

17 of the following year (for the fourth quarterly filing); 

18 ‘‘(C) the requirement to submit information 

19 under that paragraph shall continue until the later 

20 of the following occurs: 

21 ‘‘(i) The Archivist has accepted, taken title 

22 to, or entered into an agreement to use any 

23 land or facility for the archival depository. 

24 ‘‘(ii) The President whose archives are con25 tained in the depository no longer holds the OfVerDate Nov 24 2008 04:43 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H36.IH H36

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1 fice of President and a period of four years has 

2 expired (beginning on the date the President 

3 left the Office). 

4 ‘‘(3) In this subsection: 

5 ‘‘(A) The term ‘Presidential library fundraising 

6 organization’ means an organization that is estab7 lished for the purpose of raising funds for creating, 

8 maintaining, expanding, or conducting activities at— 

9 ‘‘(i) a Presidential archival depository; or 

10 ‘‘(ii) any facilities relating to a Presidential 

11 archival depository. 

12 ‘‘(B) The term ‘information’ means the fol13 lowing: 

14 ‘‘(i) The amount or value of each contribu15 tion made by a contributor referred to in para16 graph (1) in the quarter covered by the submis17 sion. 

18 ‘‘(ii) The source of each such contribution, 

19 and the address of the entity or individual that 

20 is the source of the contribution. 

21 ‘‘(iii) If the source of such a contribution 

22 is an individual, the occupation of the indi23 vidual. 

24 ‘‘(iv) The date of each such contribution. 


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1 ‘‘(4) The Archivist shall make available to the public 

2 through the Internet (or a successor technology readily 

3 available to the public) as soon as is practicable after each 

4 quarterly filing any information that is submitted under 

5 paragraph (1). The information shall be made available 

6 without a fee or other access charge, in a searchable, sort7 able, and downloadable database. 

8 ‘‘(5)(A) It shall be unlawful for any person who 

9 makes a contribution described in paragraph (1) to know10 ingly and willfully submit false material information or 

11 omit material information with respect to the contribution 

12 to an organization described in such paragraph. 

13 ‘‘(B) The penalties described in section 1001 of title 

14 18, United States Code, shall apply with respect to a viola15 tion of subparagraph (A) in the same manner as a viola16 tion described in such section. 

17 ‘‘(6)(A) It shall be unlawful for any Presidential li18 brary fundraising organization to knowingly and willfully 

19 submit false material information or omit material infor20 mation under paragraph (1). 

21 ‘‘(B) The penalties described in section 1001 of title 

22 18, United States Code, shall apply with respect to a viola23 tion of subparagraph (A) in the same manner as a viola24 tion described in such section. 


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1 ‘‘(7)(A) It shall be unlawful for a person to knowingly 

2 and willfully— 

3 ‘‘(i) make a contribution described in paragraph 

4 (1) in the name of another person; 

5 ‘‘(ii) permit his or her name to be used to effect 

6 a contribution described in paragraph (1); or 

7 ‘‘(iii) accept a contribution described in para8 graph (1) that is made by one person in the name 

9 of another person. 

10 ‘‘(B) The penalties set forth in section 309(d) of the 

11 Federal Election Campaign Act of 1971 (2 U.S.C. 

12 437g(d)) shall apply to a violation of subparagraph (A) 

13 in the same manner as if such violation were a violation 

14 of section 316(b)(3) of such Act (2 U.S.C. 441b(b)(3)). 

15 ‘‘(8) The Archivist shall promulgate regulations for 

16 the purpose of carrying out this subsection.’’. 

17 (b) APPLICABILITY.—Section 2112(h) of title 44, 

18 United States Code (as added by subsection (a))— 

19 (1) shall apply to an organization established 

20 for the purpose of raising funds for creating, main21 taining, expanding, or conducting activities at a 

22 Presidential archival depository or any facilities re23 lating to a Presidential archival depository before, 

24 on or after the date of the enactment of this Act; 

25 and 


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1 (2) shall only apply with respect to contribu2 tions (whether monetary or in-kind) made after the 

3 date of the enactment of this Act. 

Æ 


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