H.R. 4461

[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.''.
<all>