A bill to amend section 2112 of title 44, United States Code, to appropriately limit donations to Presidential Libraries and Centers.
- Bill Number
- S. 2300
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-07-16: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-12-05T22:56:08Z
AI-Generated Summary
Purpose
This bill aims to regulate and limit donations to Presidential Libraries and Centers (organizations that fund, build, or maintain facilities honoring U.S. Presidents, such as archival depositories or museums) to prevent potential conflicts of interest, foreign influence, and undue sway from special interests during or shortly after a President's term. It promotes transparency and ethical standards in how these entities receive funds.
Key Provisions
- Definitions: Clarifies terms like "donation" (broadly includes gifts of money or value, but excludes uncompensated volunteer services); "Presidential Library or Center" (covers foundations or facilities tied to a President's legacy, established after their first campaign); and restricted donors (e.g., registered lobbyists, agents of foreign principals, federal contractors, foreign nationals, or those seeking/receiving pardons from the relevant President). A "501(c)(3) tax-exempt organization" refers to a nonprofit eligible for tax deductions under U.S. tax law.
- Donation Restrictions:
- 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 restricted donors.
- Individuals or entities cannot make such donations during this period.
- A 2-year "cooling-off" period after a President leaves office applies the same restrictions to prevent immediate post-term influence.
- Bans converting any donation to personal use (e.g., covering unrelated personal expenses).
- Aggregate Limit: Caps total donations from any single person or entity at $10,000 (adjusted annually for inflation) from the date of election to one year after leaving office.
- Reporting Requirements:
- Quarterly disclosures to the Archivist for donations of $200 or more during a "covered period" (from election or enactment date to five years after leaving office).
- Reports include donation amount, date, donor's name/address/employer/occupation.
- Prohibits donations made in another person's name to hide the true source.
- The Archivist must publish reports online in an accessible, searchable format within 30 days.
- Enforcement:
- The U.S. Attorney General or state attorneys general can pursue civil or criminal actions.
- Penalties: Civil fines up to $20,000 (or donation value) or $100,000 for large violations (over $50,000 aggregate per year); criminal fines, up to 1 year in prison (or 5 years for large violations); plus disgorgement (returning funds) and injunctions.
- 10-year statute of limitations for actions.
- Penalties indexed for inflation; Archivist issues implementing regulations.
Significant Changes to Existing Law
Section 2112 of title 44, U.S. Code (which governs presidential records and libraries under the National Archives), previously focused on library operations and funding without specific donation limits or restrictions. This bill adds a new subsection (h) introducing comprehensive bans on certain donors, an aggregate cap, mandatory reporting, and enforcement mechanisms—none of which existed before—shifting from minimal oversight to strict regulation during and after a President's term.
Potential Impacts
- Government Agencies: The National Archives and Records Administration (NARA) gains new administrative duties for reporting, publication, and regulation, potentially increasing workload and requiring resources for compliance monitoring.
- Citizens and Donors: Limits fundraising options for presidential libraries, which may slow construction or operations; ordinary citizens can still donate freely (unless fitting restricted categories), but transparency could deter anonymous large gifts. Restricted donors (e.g., lobbyists or contractors) face barriers, possibly redirecting their philanthropy elsewhere.
- International Relations: Curbs donations from foreign nationals or agents, reducing risks of foreign influence on U.S. presidential legacies, though it might strain ties with international donors or allies supporting cultural/educational initiatives.
Main Stakeholders Affected
- Presidential Libraries and Centers: Directly regulated; must comply with restrictions, limits, and reporting, potentially complicating fundraising.
- Former and Current Presidents: Their affiliated organizations face new ethical constraints, limiting post-office financial ties.
- Donors: Especially lobbyists, federal contractors, foreign entities, and pardon-related individuals, who are barred or capped; 501(c)(3) nonprofits remain eligible.
- Government Entities: NARA/Archivist (oversight and publication); Department of Justice (enforcement); state attorneys general (civil suits).
- Public: Gains transparency into donations, fostering trust in presidential institutions.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens anti-corruption frameworks by aligning with existing laws like the Federal Election Campaign Act and Foreign Agents Registration Act; introduces novel 10-year limitations periods and state-level enforcement, broadening accountability but requiring clear regulations to avoid ambiguity.
- Constitutional: Could raise First Amendment concerns over restricting speech-like donations, but the bill frames limits as anti-corruption measures (similar to campaign finance rules upheld in cases like Citizens United), focusing on government-affiliated entities rather than outright bans.
- Political: Enhances post-presidential ethics by curbing "pay-to-play" perceptions, potentially reducing partisan fundraising advantages; may face opposition from those viewing it as overreach on private nonprofits, influencing debates on executive branch integrity without directly addressing broader campaign finance.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (15)
Sen. Blumenthal, Richard [D-CT], Sen. Van Hollen, Chris [D-MD], Sen. Markey, Edward J. [D-MA], Sen. Whitehouse, Sheldon [D-RI], Sen. Padilla, Alex [D-CA], Sen. Wyden, Ron [D-OR], Sen. Alsobrooks, Angela D. [D-MD], Sen. Durbin, Richard J. [D-IL], Sen. Schiff, Adam B. [D-CA], Sen. Merkley, Jeff [D-OR], Sen. Kim, Andy [D-NJ], Sen. Reed, Jack [D-RI], Sen. Sanders, Bernard [I-VT], Sen. Peters, Gary C. [D-MI], Sen. Booker, Cory A. [D-NJ]
Recent Actions
- 2025-07-16: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-07-16: Introduced in Senate
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)