119-hr4461

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4461 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4461

To amend 

section 2112 of title 44, United States Code, to appropriately 
 limit donations to Presidential Libraries and Centers.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 16, 2025

Mr. Moskowitz (for himself, Ms. Stansbury, Mr. Raskin, Ms. Norton, Mr. 
 Carson, Ms. Williams of Georgia, Mr. Johnson of Georgia, Mrs. Watson 
Coleman, Mr. Min, Mr. Cleaver, Mr. Evans of Pennsylvania, Mr. Pallone, 
 Ms. Titus, Ms. Clarke of New York, and Mrs. Ramirez) introduced the 
 following bill; which was referred to the Committee on Oversight and 
 Government Reform

_______________________________________________________________________

 A BILL

To amend 

section 2112 of title 44, United States Code, to appropriately 
 limit donations to Presidential Libraries and Centers.

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

SECTION 1. REQUIREMENTS FOR PRESIDENTIAL LIBRARIES AND CENTERS.

 

Section 2112 of title 44, United States Code, is amended by adding 
at the end the following:
 ``

    (h) Requirements for Presidential Libraries and Centers.--
 ``

    (1) === Definitions. ===
-In this subsection--
 ``
        (A) the term `donation'--
 ``
            (i) includes--
 ``
            (I) any gift, subscription, loan, 
 advance, or deposit of money or 
 anything of value made by any person 
 directly or indirectly to a 
 Presidential Library or Center, 
 including donations to the United 
 States Government or another entity for 
 subsequent delivery to the Presidential 
 Library or Center; and
 ``
            (II) the payment by any person of 
 compensation or the provision of 
 anything of value for the personal 
 services of another person, for any 
 purpose, which are rendered to the 
 Presidential Library or Center without 
 charging the Presidential Library or 
 Center; and
 ``
            (ii) does not include the value of 
 services provided without compensation by any 
 individual who volunteers on behalf of the 
 Presidential Library or Center;
 ``
        (B) the term `Federal contractor' has the meaning 
 given that term under 

section 115.1 of title 11, Code 
 of Federal Regulations, or any successor thereto;
 ``
            (C) the term `foreign national' has the meaning 
 given that term under 

section 319

    (b) of the Federal 
 Election Campaign Act of 1971;
 ``
            (D) the term `501
            (c) (3) tax exempt organization' 
 means an organization which is described in 

section 501
            (c) (3) of the Internal Revenue Code of 1986 and is 
 exempt from taxation under 

section 501

    (a) of such Code;
 ``
        (E) the term `Presidential Library or Center' 
 means an organization established to raise funds to 
 create, maintain, expand, or conduct activities at--
 ``
            (i) a Presidential archival depository;
 ``
            (ii) any facility relating to a 
 Presidential archival depository; or
 ``
            (iii) any private museum, foundation, 
 center, or other facility that is--
 ``
            (I) affiliated with an individual 
 who is serving or served in the office 
 of President;
 ``
            (II) established on or after the 
 date on which the first campaign of the 
 individual for the office of President 
 commenced; and
 ``
            (III) designed to commemorate the 
 legacy of the individual as a 
 President;
 ``
        (F) the term `registered agent of a foreign 
 principal' means a person who is registered or is 
 required to be registered as an agent of a foreign 
 principal (as defined in 

section 1 of the Foreign 
 Agents Registration Act of 1938 (22 U.S.C. 611)) under 
 that Act; and
 ``
        (G) the term `registered lobbyist' means a 
 lobbyist, as defined in 

section 3 of the Lobbying 
 Disclosure Act of 1995 (2 U.S.C. 1602), that is 
 registered or required to register under 

section 4

    (a) of that Act (2 U.S.C. 1603

    (a) ).
 ``

    (2) Restrictions.--
 ``
        (A) Restrictions on source of donations.--It 
 shall be unlawful for a Presidential Library or Center, 
 an officer or employee thereof, or the Archivist to 
 solicit, accept, receive, or agree to accept or receive 
 in the future a donation from a person if, on the date 
 on which the donation is solicited, accepted, received, 
 or agreed to be accepted or received in the future--
 ``
            (i) the individual for whom the 
 Presidential Library or Center is or will be 
 established is serving in or has been elected 
 to the office of President; and
 ``
            (ii) the person from whom the donation is 
 solicited, accepted, received, or agreed to be 
 accepted or received in the future--
 ``
            (I) is not registered as a 
 501
            (c) (3) tax exempt organization; or
 ``
            (II) is--
 ``

    (aa) a registered 
 lobbyist;
 ``

    (bb) a registered agent 
 of a foreign principal;
 ``
            (cc) a Federal 
 contractor;
 ``
            (dd) a foreign national; 
 or
 ``

    (ee) seeking or has 
 received a pardon from the 
 President for whom the 
 Presidential Library or Center 
 is established.
 ``
        (B) Restrictions on persons making donations.--It 
 shall be unlawful for a person to directly or 
 indirectly make a donation, or make an express or 
 implied promise to make a donation, directly or 
 indirectly, to a Presidential Library or Center if, on 
 the date on which the donation or promise is made--
 ``
            (i) the individual for whom the 
 Presidential Library or Center is or will be 
 established is serving in or has been elected 
 to the office of President; and
 ``
            (ii) the person making the donation or 
 promise--
 ``
            (I) is not registered as a 
 501
            (c) (3) tax exempt organization; or
 ``
            (II) is--
 ``

    (aa) a registered 
 lobbyist;
 ``

    (bb) a registered agent 
 of a foreign principal;
 ``
            (cc) a Federal 
 contractor;
 ``
            (dd) a foreign national; 
 or
 ``

    (ee) seeking or has 
 received a pardon from the 
 President for whom the 
 Presidential Library or Center 
 is established.
 ``
            (C) Cooling off period for certain donations.--
 ``
            (i) Restrictions on acceptance of certain 
 donations.--During the 2-year period following 
 the date on which the individual for whom a 
 Presidential Library or Center is established 
 ceases to serve in the office of the President, 
 it shall be unlawful for the Presidential 
 Library or Center, an officer or employee 
 thereof, or the Archivist to solicit, accept, 
 receive, or agree to accept or receive in the 
 future a donation from a person who, on the 
 date on which the donation is solicited, 
 accepted, received, or agreed to be accepted or 
 received in the future--
 ``
            (I) is a registered lobbyist;
 ``
            (II) is a registered agent of a 
 foreign principal;
 ``
            (III) is a Federal contractor;
 ``
            (IV) is a foreign national; or
 ``
            (V) is seeking or has received a 
 pardon from the President for whom the 
 Presidential Library or Center is 
 established.
 ``
            (ii) Restrictions on persons making 
 donations.--During the 2-year period following 
 the date on which the individual for whom a 
 Presidential Library or Center is established 
 ceases to serve in the office of the President, 
 it shall be unlawful for a person to directly 
 or indirectly make a donation, or make an 
 express or implied promise to make a donation, 
 to a Presidential Library or Center if, on the 
 date on which the donation or promise is made, 
 the person making the donation or promise--
 ``
            (I) is a registered lobbyist;
 ``
            (II) is a registered agent of a 
 foreign principal;
 ``
            (III) is a Federal contractor;
 ``
            (IV) is a foreign national; or
 ``
            (V) is seeking or has received a 
 pardon from the President for whom the 
 Presidential Library or Center is 
 established.
 ``
            (D) Conversion of donation to personal use.--It 
 shall be unlawful for any person, at any time, to 
 convert a donation to a Presidential Library or Center 
 to the personal use of any person, which shall include 
 a circumstance in which any part of the donation is 
 used to fulfill a commitment, obligation, or expense of 
 a person that would exist irrespective of the 
 responsibilities of the Presidential Library or Center.
 ``

    (3) Aggregate donation limit.--
 ``
        (A) In general.--It shall be unlawful for any 
 person to make donations to a Presidential Library or 
 Center the value of which, in the aggregate, exceeds 
 $10,000 during the period--
 ``
            (i) beginning on the date on which the 
 individual for whom the Presidential Library or 
 Center is established has been elected to the 
 office of President; and
 ``
            (ii) ending on the date that is 1 year 
 after the date on which such individual ceases 
 serving in the office of President.
 ``
        (B) Indexing for inflation.--
 ``
            (i) In general.--At the beginning of the 
 first year during which presidential and vice-
 presidential electors are chosen after the date 
 of enactment of this subsection, and the 
 beginning of each such year thereafter, the 
 amount described in subparagraph
        (A) shall be 
 increased by the cumulative percent difference 
 determined under 

section 315
            (c) (1)
        (A) of the 
 Federal Election Campaign Act of 1971 (52 
 U.S.C. 30116
            (c) (1)
        (A) ) since the most recent 
 prior year during which such electors were 
 chosen.
 ``
            (ii) Rounding.--The amount of an increase 
 under clause
            (i) shall be rounded to the 
 nearest multiple of $1,000.
 ``

    (4) Reporting requirements.--
 ``
        (A) === Definitions. ===
-In this paragraph--
 ``
            (i) the term `covered period' means the 
 period--
 ``
            (I) beginning--
 ``

    (aa) on the date on which 
 the individual has been elected 
 to the office of President; or
 ``

    (bb) with respect to the 
 individual serving as President 
 on the date of enactment of 
 this subsection, on the date of 
 enactment of this subsection; 
 and
 ``
            (II) ending on the date that is 5 
 years the date on which the individual 
 ceases serving in the office of 
 President; and
 ``
            (ii) the term `covered person' means a 
 person who made 1 or more donations to the 
 applicable Presidential Library or Center 
 during the applicable calendar quarter in an 
 aggregate amount that is not less than $200.
 ``
        (B) Reporting.--Not later than 15 days after the 
 end of each calendar quarter occurring during the 
 covered period with respect to an individual who serves 
 as President, a Presidential Library or Center 
 established for such individual shall file with the 
 Archivist a report disclosing any donation during the 
 calendar quarter made by a covered person.
 ``
            (C) Contents.--A report filed under subparagraph
        (B) for a calendar quarter shall contain, for each 
 donation of money or anything of value made to the 
 Presidential Library or Center by a covered person 
 during the quarter--
 ``
            (i) the amount or value of the donation;
 ``
            (ii) the date the donation is received;
 ``
            (iii) the name, address, and employer of 
 the individual making the donation; and
 ``
            (iv) if the source of the donation is an 
 individual, the occupation of the individual.
 ``
            (D) Use of another's name for donation.--During 
 the covered period with respect to an individual who 
 serves as President, it shall be unlawful for a person 
 to knowingly--
 ``
            (i) make a donation to a Presidential 
 Library or Center established for such 
 individual in the name of another person;
 ``
            (ii) permit the name of that person to be 
 used to effect a donation by another person to 
 a Presidential Library or Center established 
 for such individual;
 ``
            (iii) accept a donation to a Presidential 
 Library or Center established for such 
 individual made by one person in the name of 
 another person; or
 ``
            (iv) direct, help, or assist any person 
 in making a contribution in the name of another 
 person.
 ``
        (E) Publication.--Not later than 30 days after 
 the date on which each report is filed under 
 subparagraph
        (B) , the Archivist shall publish the 
 complete report on the website of the National Archives 
 and Records Administration, which shall be available 
 without a fee or other access charge, and in a 
 searchable, sortable, and downloadable format.
 ``

    (5) Enforcement.--
 ``
        (A) In general.--The Attorney General may bring a 
 civil or criminal action, and the attorney general of 
 any State may bring a civil action, seeking relief for 
 a violation of this subsection in an appropriate 
 district court of the United States.
 ``
        (B) General penalty.--
 ``
            (i) Civil.--Any person who violates this 
 subsection shall be subject to--
 ``
            (I) a civil penalty that does not 
 exceed the greater of $20,000 or the 
 amount equal to the aggregate value of 
 the donations involved in such 
 violation; and
 ``
            (II) an order requiring the 
 person to disgorge any donation 
 involved in the violation.
 ``
            (ii) Criminal.--Any person who knowingly 
 and willfully violates this section shall be--
 ``
            (I) fined under title 18, 
 imprisoned for not more than 1 year, or 
 both; and
 ``
            (II) subject to an order 
 requiring the person to disgorge any 
 donation involved in the violation.
 ``
            (C) Increased penalty for large donations.--
 ``
            (i) Civil.--Any person who violates this 
 subsection, if the violation of this subsection 
 involves the soliciting, accepting, making, 
 receiving, agreeing to accept or receive, 
 promising to make, conversion, effecting, or 
 reporting of 1 or more donations during a 
 calendar year with an aggregate value of more 
 than $50,000, shall be subject to--
 ``
            (I) a civil penalty that does not 
 exceed the greater of $100,000 or the 
 amount equal to the aggregate value of 
 the donations involved in such 
 violation; and
 ``
            (II) an order requiring the 
 person to disgorge any donation 
 involved in the violation.
 ``
            (ii) Criminal.--Any person who knowingly 
 and willfully violates this subsection, if the 
 violation of this subsection involves the 
 soliciting, accepting, making, receiving, 
 agreeing to accept or receive, promising to 
 make, conversion, effecting, or reporting of 1 
 or more donations during a calendar year with 
 an aggregate value of more than $50,000, shall 
 be--
 ``
            (I) fined under title 18, 
 imprisoned for not more than 5 years, 
 or both; and
 ``
            (II) subject to an order 
 requiring the person to disgorge any 
 donation involved in the violation.
 ``
            (D) Types of relief.--A court may grant a 
 permanent or temporary injunction, restraining order, 
 or other order, upon a proper showing that the person 
 involved has committed, or is about to commit a 
 violation of this section.
 ``
        (E) Period of limitations.--
 ``
            (i) Civil.--A civil action under this 
 subsection may not be commenced later than 10 
 years after the cause of action accrues.
 ``
            (ii) Criminal.--No person shall be 
 prosecuted, tried, or punished for any offense 
 under this subsection, unless the indictment is 
 found or the information is instituted within 
 10 years after such offense shall have been 
 committed.
 ``
        (F) Indexing for inflation.--
 ``
            (i) In general.--At the beginning of the 
 first year during which presidential and vice-
 presidential electors are chosen after the date 
 of enactment of this subsection, and the 
 beginning of each such year thereafter, the 
 amounts described in subparagraphs
        (B) and
            (C) shall be increased by the cumulative percent 
 difference determined under 

section 315
            (c) (1)
        (A) of the Federal Election Campaign 
 Act of 1971 (52 U.S.C. 30116
            (c) (1)
        (A) ) since 
 the most recent prior year during which such 
 electors were chosen.
 ``
            (ii) Rounding.--The amount of an increase 
 under clause
            (i) shall be rounded to the 
 nearest multiple of $1,000.
 ``

    (6) Regulations.--The Archivist shall promulgate 
 regulations, which shall be published in the Federal Register, 
 for the purpose of carrying out this subsection.''.
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