IIB 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Donation Reform Act of 2009’’. 

4 SEC. 2. PRESIDENTIAL LIBRARIES. 

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

6 States Code, is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(h)(1) Any Presidential library fundraising organi9 zation shall submit on a quarterly basis, in accordance 

10 with paragraph (2), information with respect to every con11 tributor who gave the organization a contribution or con12 tributions (whether monetary or in-kind) totaling $200 or 

13 more for the quarterly period. 

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

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

16 submitted under that paragraph are the Administra17 tion, the Committee on Oversight and Government 

18 Reform of the House of Representatives, and the 

19 Committee on Homeland Security and Governmental 

20 Affairs of the Senate; 

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

22 submitted under that paragraph are April 15, July 

23 15, October 15, and January 15 of each year and 

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


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1 ‘‘(C) the requirement to submit information 

2 under that paragraph shall continue until the later 

3 of the following occurs: 

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

5 to, or entered into an agreement to use any 

6 land or facility for the archival depository. 

7 ‘‘(ii) The President whose archives are con8 tained in the depository no longer holds the Of9 fice of President and a period of four years has 

10 expired (beginning on the date the President 

11 left the Office). 

12 ‘‘(3) In this subsection: 

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

14 organization’ means an organization that is estab15 lished for the purpose of raising funds for creating, 

16 maintaining, expanding, or conducting activities at— 

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

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

19 archival depository. 

20 ‘‘(B) The term ‘information’ means the fol21 lowing: 

22 ‘‘(i) The amount or value of each contribu23 tion made by a contributor referred to in para24 graph (1) in the quarter covered by the submis25 sion. 


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

2 and the address of the entity or individual that 

3 is the source of the contribution. 

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

5 is an individual, the occupation of the indi6 vidual. 

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

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

9 through the Internet (or a successor technology readily 

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

11 quarterly filing any information that is submitted under 

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

13 without a fee or other access charge, in a searchable, sort14 able, and downloadable database. 

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

16 makes a contribution described in paragraph (1) to know17 ingly and willfully submit false material information or 

18 omit material information with respect to the contribution 

19 to an organization described in such paragraph. 

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

21 18, United States Code, shall apply with respect to a viola22 tion of subparagraph (A) in the same manner as a viola23 tion described in such section. 

24 ‘‘(6)(A) It shall be unlawful for any Presidential li25 brary fundraising organization to knowingly and willfully 


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1 submit false material information or omit material infor2 mation under paragraph (1). 

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

4 18, United States Code, shall apply with respect to a viola5 tion of subparagraph (A) in the same manner as a viola6 tion described in such section. 

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

8 and willfully— 

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

10 (1) in the name of another person; 

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

12 a contribution described in paragraph (1); or 

13 ‘‘(iii) accept a contribution described in para14 graph (1) that is made by one person in the name 

15 of another person. 

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

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

18 437g(d)) shall apply to a violation of subparagraph (A) 

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

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

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

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

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

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


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1 (1) shall apply to an organization established 

2 for the purpose of raising funds for creating, main3 taining, expanding, or conducting activities at a 

4 Presidential archival depository or any facilities re5 lating to a Presidential archival depository before, 

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

7 and 

8 (2) shall only apply with respect to contribu9 tions (whether monetary or in-kind) made after the 

10 date of the enactment of this Act. 

Passed the House of Representatives January 7, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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