To amend section 2112 of title 44, United States Code, to appropriately limit donations to Presidential Libraries and Centers.
- Sponsor
- Rep. Moskowitz, Jared [D-FL-23]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Jul 16, 2025
Bottom line
H.R. 4461 seeks to enhance transparency and curb potential undue influence in donations to Presidential Libraries and Centers by restricting who can donate, how much, and requiring public disclosure.
What it actually does
This bill amends Title 44 of the U.S. Code to impose significant new restrictions and reporting requirements on donations to Presidential Libraries and Centers. It prohibits donations from registered lobbyists, foreign nationals, federal contractors, and individuals seeking or receiving presidential pardons while the President is in office. It also establishes a two-year 'cooling off' period for these donors after a President leaves office, sets an aggregate donation limit of $10,000 per person during a specified period, and mandates public reporting of donations over $200. The bill also prohibits the conversion of donations to personal use and establishes civil and criminal penalties for violations.
Proponents argue
Proponents argue that this bill is a critical step towards reducing the appearance and reality of corruption and undue influence associated with Presidential Libraries and Centers. They contend that the current system allows special interests, foreign governments, and individuals seeking favors to curry favor with sitting or recently departed presidents through large, undisclosed donations, undermining public trust in government. The bill's restrictions and transparency measures are designed to safeguard the integrity of the presidency and its legacy institutions.
Opponents contend
Opponents might argue that these restrictions could unduly burden legitimate fundraising efforts for Presidential Libraries, which serve important historical and educational functions. They may contend that the definitions of 'donation' and 'Presidential Library or Center' are too broad, potentially encompassing entities not directly involved in political influence. Critics might also raise concerns about potential chilling effects on philanthropic giving and the administrative burden of extensive reporting requirements, suggesting that existing ethics laws are sufficient.
The bill is concise and relatively straightforward, allowing an informed reader to grasp its core provisions within the typical time allotted for legislative review.
Section 1, Subsection (h)(1)
Definitions for Presidential Library Donations
This section establishes key definitions for terms used throughout the new subsection. It broadly defines 'donation' to include gifts, loans, advances, or anything of value, whether direct or indirect, and also covers compensation for services rendered without charge. It explicitly excludes volunteer services. Crucially, it defines 'Presidential Library or Center' to include not only traditional archival depositories but also any affiliated private museum, foundation, or center established after the individual's first presidential campaign, designed to commemorate their legacy. It also defines 'Federal contractor,' 'foreign national,' '501(c)(3) tax exempt organization,' 'registered agent of a foreign principal,' and 'registered lobbyist' by referencing existing federal law and regulations.
Supporters argue
Proponents argue that clear and comprehensive definitions are essential to prevent circumvention of the new donation restrictions. By broadly defining 'donation' and 'Presidential Library or Center,' the bill aims to close potential loopholes that could allow prohibited funds to flow through intermediaries or to affiliated entities that serve the same purpose as the main library.
Critics contend
Opponents might contend that the broad definitions, particularly for 'Presidential Library or Center,' could inadvertently capture or over-regulate entities that are not primarily engaged in political influence but rather in legitimate historical preservation or educational activities. They might argue that the inclusion of 'any private museum, foundation, center, or other facility' could create ambiguity and administrative burdens for a wide range of organizations.
Tradeoffs
The tension lies between comprehensive coverage to prevent evasion and avoiding overreach that could stifle legitimate philanthropic support for historical institutions. A broad definition ensures fewer loopholes but risks impacting entities not intended to be targeted by anti-corruption measures.
Section 1, Subsection (h)(2)(A) and (B)
Restrictions on Sources and Makers of Donations During Presidency
This provision makes it unlawful for a Presidential Library or Center (or its officers/employees, or the Archivist) to solicit or accept donations, and for individuals to make donations, if the President for whom the library is established is currently serving or has been elected, and the donor is not a 501(c)(3) tax-exempt organization. Specifically, it prohibits donations from registered lobbyists, registered agents of foreign principals, federal contractors, foreign nationals, or individuals seeking or having received a presidential pardon. This applies to both direct and indirect donations and promises to donate.
Section 1, Subsection (h)(2)(C)
Two-Year Cooling Off Period for Certain Donations
This provision establishes a two-year 'cooling off' period after a President leaves office. During this period, Presidential Libraries and Centers (and their staff/Archivist) are prohibited from soliciting or accepting, and individuals are prohibited from making, donations from the same categories of restricted donors (registered lobbyists, foreign nationals, federal contractors, pardon seekers) that were prohibited during the President's term. This aims to extend the period during which potential influence peddling could occur, acknowledging that a former President still holds significant sway.
Section 1, Subsection (h)(2)(D)
Prohibition on Conversion of Donations to Personal Use
This provision explicitly makes it unlawful for any person, at any time, to convert a donation to a Presidential Library or Center for personal use. It clarifies that 'personal use' includes using any part of the donation to fulfill a commitment, obligation, or expense that would exist irrespective of the responsibilities of the Presidential Library or Center. This aims to prevent the misuse of charitable funds for private benefit.
Section 1, Subsection (h)(3)
Aggregate Donation Limit
This provision establishes an aggregate limit of $10,000 on donations any single person can make to a Presidential Library or Center. This limit applies during a specific period: from the date the individual is elected President until one year after they cease serving in office. The bill also includes a mechanism to index this $10,000 limit for inflation, adjusting it every four years based on the Federal Election Campaign Act's indexing formula, rounded to the nearest $1,000.
Section 1, Subsection (h)(4)
Reporting Requirements and Prohibition on Straw Donors
This provision mandates that Presidential Libraries and Centers file quarterly reports with the Archivist, disclosing donations of $200 or more from 'covered persons' (those who donate $200+ in a quarter). These reports must include the amount, date, donor's name, address, employer, and occupation (if individual). The covered period for reporting begins when the individual is elected President (or date of enactment for current President) and ends five years after they leave office. It also explicitly makes it unlawful to make or accept donations in the name of another person (straw donors) or to assist in such an act. The Archivist is required to publish these reports online in a searchable, sortable, and downloadable format within 30 days of filing.
Section 1, Subsection (h)(5)
Enforcement and Penalties for Violations
This provision outlines the enforcement mechanisms and penalties for violating the new donation rules. The Attorney General (and state attorneys general for civil actions) can bring civil or criminal actions. General civil penalties can be up to $20,000 or the value of the donation, plus disgorgement. Knowing and willful violations can lead to up to 1 year imprisonment and fines under Title 18, plus disgorgement. For violations involving over $50,000 in a calendar year, civil penalties increase to $100,000 or the donation value, and criminal penalties can include up to 5 years imprisonment and Title 18 fines, plus disgorgement. Courts can issue injunctions. A 10-year statute of limitations applies to both civil and criminal actions. Penalties are also indexed for inflation.
The definition of 'donation' explicitly includes 'donations to the United States Government or another entity for subsequent delivery to the Presidential Library or Center'.
Section 1, Subsection (h)(1)(A)(i)(I)
Why it matters:This is standard legislative practice to ensure comprehensive coverage and prevent circumvention. It's a technical detail necessary for the definition's robustness.
Case for: Proponents would argue this inclusion is vital to prevent indirect donations from prohibited sources. Without it, a foreign national, for example, could donate to a government agency or a third-party non-profit, which then funnels the money to the Presidential Library, effectively bypassing the direct donation restrictions.
Case against: No specific case against this particular wording is likely, as it's a standard anti-circumvention measure. However, broad interpretations could lead to administrative complexity in tracking such indirect flows.
Estimated impact: Significantly broadens the scope of donations subject to restriction and reporting, closing a major potential loophole for indirect influence.
It shall be unlawful for a person to knowingly make a donation in the name of another person, permit their name to be used for a donation by another, accept a donation made by one person in the name of another, or direct/help any person in making a contribution in the name of another person.
Section 1, Subsection (h)(4)(D)
Why it matters:This is a standard anti-fraud and transparency measure, common in campaign finance law. Its placement within reporting requirements is logical, as straw donations are often used to evade disclosure.
Case for: Proponents argue that this is a fundamental anti-corruption measure. Straw donations are a classic method to obscure the true source of funds, bypass donation limits, and hide potential influence. Explicitly outlawing this practice is essential for the integrity of the donation system.
Case against: No specific opposition is typically raised against prohibiting straw donations, as it is a widely accepted principle in campaign finance and ethics law. Any challenges would likely focus on the 'knowingly' standard or proof of intent.
Estimated impact: Significantly enhances the transparency and accountability of donations by preventing the obfuscation of donor identities.