[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.