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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 36 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                 H. R. 36

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Library Donation Reform 
Act of 2009''.

SEC. 2. PRESIDENTIAL LIBRARIES.

    (a) In General.--Section 2112 of title 44, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h)(1) Any Presidential library fundraising organization shall 
submit on a quarterly basis, in accordance with paragraph (2), 
information 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) For purposes of paragraph (1)--
            ``(A) the entities to which information shall be submitted 
        under that paragraph are the Administration, the Committee on 
        Oversight and Government Reform of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate;
            ``(B) the dates by which information shall be submitted 
        under that paragraph are April 15, July 15, October 15, and 
        January 15 of each year and of the following year (for the 
        fourth quarterly filing);
            ``(C) the requirement to submit information under that 
        paragraph shall continue until the later of the following 
        occurs:
                    ``(i) The Archivist has accepted, taken title to, 
                or entered into an agreement to use any land or 
                facility for the archival depository.
                    ``(ii) The President whose archives are contained 
                in the depository no longer holds the Office of 
                President and a period of four years has expired 
                (beginning on the date the President left the Office).
    ``(3) In this subsection:
            ``(A) 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.
            ``(B) 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.
    ``(4) The Archivist shall make available to the public through the 
Internet (or a successor technology readily available to the public) as 
soon as is practicable after each quarterly filing any information that 
is submitted under paragraph (1). The information shall be made 
available without a fee or other access charge, in a searchable, 
sortable, and downloadable database.
    ``(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 Presidential library 
fundraising organization to knowingly and willfully submit false 
material information or omit material information under paragraph (1).
    ``(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 (2 U.S.C. 
441b(b)(3)).
    ``(8) The Archivist shall promulgate regulations for the purpose of 
carrying out this subsection.''.
    (b) Applicability.--Section 2112(h) of title 44, United States Code 
(as added by subsection (a))--
            (1) shall apply to an organization 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 before, on or after the date of the enactment of 
        this Act; and
            (2) shall only apply with respect to contributions (whether 
        monetary or in-kind) made after the date of the enactment of 
        this Act.

            Passed the House of Representatives January 7, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```