To amend section 2112 of title 44, United States Code, to appropriately limit donations to Presidential Libraries and Centers.
- Bill Number
- H.R. 4461
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-07-16: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-12-05T22:56:21Z
AI-Generated Summary
Purpose
This bill aims to regulate and limit donations to Presidential Libraries and Centers—organizations that fund and maintain facilities honoring U.S. presidents—by restricting sources of funds, capping amounts, requiring public reporting, and imposing penalties for violations. The goal is to prevent potential conflicts of interest, such as influence from lobbyists, foreign entities, or those seeking favors like pardons, while the president is in office or recently out.
Key Provisions
- Definitions:
- "Donation" broadly includes gifts of money or value, indirect contributions (e.g., via the government or another entity), and compensated services provided to the library or center (but excludes uncompensated volunteer work).
- Key terms include "Federal contractor" (a business with government contracts), "foreign national" (non-U.S. citizens or entities), "501(c)(3) tax-exempt organization" (non-profits like charities exempt from taxes), "Presidential Library or Center" (any affiliated foundation, museum, or facility created during or after a president's campaign to honor their legacy), "registered agent of a foreign principal" (someone lobbying for foreign interests under federal law), and "registered lobbyist" (professional advocates influencing government).
- Restrictions on Donations:
- While a president is in office or newly elected, libraries/centers and the Archivist (head of the National Archives) cannot solicit or accept donations from non-501(c)(3) entities that are registered lobbyists, foreign agents, federal contractors, foreign nationals, or individuals seeking/receiving a pardon from that president.
- Individuals or entities cannot make such donations or promise them.
- A 2-year "cooling-off" period after a president leaves office applies the same restrictions.
- Donations cannot be converted to personal use (e.g., paying unrelated personal expenses).
- Aggregate Donation Limit:
- No person can donate more than $10,000 total (adjusted annually for inflation) from the president's election date until 1 year after leaving office.
- Reporting Requirements:
- During a "covered period" (from election or enactment date until 5 years after leaving office), libraries/centers must file quarterly reports with the Archivist on donations of $200 or more, including amount, date, donor's name/address/employer/occupation.
- It is illegal to donate in someone else's name or allow it.
- The Archivist must publish reports online within 30 days in a free, searchable format.
- Enforcement:
- The U.S. Attorney General or state attorneys general can file civil or criminal lawsuits.
- Penalties: Civil fines up to $20,000 or the donation's value (higher at $100,000 or value for violations over $50,000 aggregate); criminal fines, up to 1 year in prison (5 years for large violations); plus disgorgement (returning the money) and injunctions (court orders to stop violations).
- 10-year statute of limitations for actions.
- Penalties indexed for inflation; Archivist issues implementing rules.
Significant Changes to Existing Law
- Current law (44 U.S.C. § 2112) governs presidential libraries' establishment and federal takeover but lacks specific donation limits, source restrictions, or reporting mandates.
- This adds a new subsection (h) introducing prohibitions on certain donors, a $10,000 cap, a 2-year post-office ban, mandatory quarterly disclosures, and enforcement mechanisms—shifting from minimal oversight to structured regulation to curb potential corruption.
Potential Impacts
- Government Agencies: The National Archives and Records Administration (NARA) gains responsibilities for reporting oversight and rulemaking, potentially increasing administrative workload but enhancing transparency in presidential records management. The Department of Justice may see more enforcement cases.
- Citizens: Reduces risks of undue influence on presidents via libraries (e.g., from lobbyists or contractors seeking favors), promoting public trust; however, it may limit funding options for libraries, indirectly affecting educational/public access to presidential history.
- International Relations: Bars foreign nationals and agents from donating during/after a president's term, potentially curbing foreign influence on U.S. leaders' legacies but possibly straining relations if seen as overly restrictive on international philanthropy.
Main Stakeholders Affected
- Presidential Libraries and Centers: Directly regulated; must comply with sourcing, limits, and reporting, which could slow fundraising.
- Presidents and Their Affiliates: Former presidents' fundraising for legacies is limited, especially from pardon-seekers or connected parties, affecting personal foundations.
- Donors: Lobbyists, federal contractors, foreign entities/agents, and non-profits face bans or caps, restricting their ability to contribute; 501(c)(3)s are largely exempt.
- Government Officials: Archivist (enforcement/reporting role), Attorney General (prosecution), and Congress (oversight via the referred committee).
- Public: Gains transparency through public reports, benefiting researchers, historians, and taxpayers funding eventual federal library operations.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens ethics rules akin to campaign finance laws (e.g., referencing Federal Election Campaign Act), with broad "donation" definition potentially challenging in court if deemed to infringe on free association; 10-year limitations period exceeds standard statutes, aiding long-term accountability.
- Constitutional: Could raise First Amendment concerns over donation restrictions as speech, but ties to anti-corruption justify them (similar to upheld limits on political contributions); no direct equal protection issues, as exemptions for tax-exempt groups are rational.
- Political: Promotes bipartisan anti-corruption norms by targeting influence peddling (introduced by Democrats but applicable to all presidents), but may spark debate on overregulation of private legacy-building; could set precedent for broader nonprofit or post-office restrictions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Moskowitz, Jared [D-FL-23]
Cosponsors (22)
Rep. Stansbury, Melanie A. [D-NM-1], Rep. Raskin, Jamie [D-MD-8], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Carson, André [D-IN-7], Rep. Williams, Nikema [D-GA-5], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Min, Dave [D-CA-47], Rep. Cleaver, Emanuel [D-MO-5], Rep. Evans, Dwight [D-PA-3], Rep. Pallone, Frank [D-NJ-6], Rep. Titus, Dina [D-NV-1], Rep. Clarke, Yvette D. [D-NY-9], Rep. Ramirez, Delia C. [D-IL-3], Rep. Thanedar, Shri [D-MI-13], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Crockett, Jasmine [D-TX-30], Rep. Case, Ed [D-HI-1], Rep. Magaziner, Seth [D-RI-2], Rep. Levin, Mike [D-CA-49], Rep. Morrison, Kelly [D-MN-3], Rep. Jayapal, Pramila [D-WA-7]
Recent Actions
- 2025-07-16: Referred to the House Committee on Oversight and Government Reform.
- 2025-07-16: Introduced in House
- 2025-07-16: Introduced in House
Bill Versions
- To amend section 2112 of title 44, United States Code, to appropriately limit donations to Presidential Libraries and Centers. — issued 2025-07-16 — PDF (17 pages)