To amend section 2112 of title 44, United States Code, to appropriately limit donations to Presidential Libraries and Centers.
This bill would add a new subsection (h) to Section 2112 of Title 44, United States Code, to impose strict fundraising rules on Presidential Libraries and Centers. It sets definitions for what counts as a donation, who counts as a donor, and what constitutes a Presidential Library or Center (including private museums or foundations linked to a president). The core changes include prohibiting or restricting donations from certain sources (e.g., lobbyists, foreign nationals, Federal contractors, registered agents of foreign principals, or non-501(c)(3)s) while a president is in office or within two years after leaving office; placing a hard cap on aggregate donations ($10,000, adjustable for inflation); requiring quarterly reporting of donations by “covered persons” for up to five years after a president leaves office; publishing those reports publicly; and enacting civil/criminal penalties for violations. The bill also requires the Archivist to issue regulations and clarifies enforcement and penalties, including higher penalties for large donation breaches. In short, the measure is designed to curb improper influence and ensure transparency by tightly regulating who can donate, how much can be donated, and how donations are reported to and overseen by the National Archives and Records Administration (NARA).
Key Points
- 1Definitions added for subsection (h):
- 2- Donation: includes money or value given to a Presidential Library or Center, including donations routed through another entity; also includes compensation for personal services provided without charge (volunteers’ services excluded).
- 3- Presidential Library or Center: includes private museums/foundations affiliated with a president or established after a president’s campaign began, intended to commemorate the president’s legacy.
- 4- Relevant terms: Federal contractor; foreign national; 501(c)(3) organization; registered agent of a foreign principal; registered lobbyist.
- 5Source restrictions on donations:
- 6- While a president is serving or has been elected to serve, or when solicitation occurs, donations must come from eligible sources (not from non-501(c)(3)s, lobbyists, foreign principals/agents, Federal contractors, foreign nationals, or someone who has sought or received a presidential pardon).
- 7Restrictions on donors:
- 8- A donor cannot donate or promise to donate if they fall into disqualifying categories during the same period.
- 9Cooling-off period:
- 10- A two-year post-presidency window during which certain donors (e.g., lobbyists, foreign principals, Federal contractors, foreign nationals, pardon-seekers) are barred from donating.
- 11Aggregate donation limit:
- 12- Total donations to a Presidential Library or Center may not exceed $10,000 during the defined period (from the president’s election to one year after leaving office), with annual inflation adjustments.
- 13Reporting requirements:
- 14- “Covered persons” (donors giving at least $200 in a calendar quarter) must be reported to the Archivist every quarter for up to five years after the end of the president’s term.
- 15- Reports must include amount, date received, donor’s name/address/employer, and donor’s occupation if an individual.
- 16- Prohibits donation under someone else’s name; requires publication of the full quarterly reports on the National Archives website within 30 days.
- 17Enforcement and penalties:
- 18- Civil and criminal penalties for violations; possible disgorgement of donations and injunctions.
- 19- Enhanced penalties if a calendar year involves more than $50,000 in donations (higher civil/criminal penalties and disgorgement).
- 20- Periods of limitations: civil and criminal actions have up to 10 years to be brought.
- 21Regulatory implementation:
- 22- The Archivist must promulgate regulations to implement the subsection, published in the Federal Register.