HR-4461-119
Referred to the House Committee on Oversight and Government Reform.
Sponsored by Jared Moskowitz (D-FL)
What it does
This bill would amend federal law to restrict who can donate to Presidential Libraries and Centers, and how much they can give, while a president is in office and for a period after leaving office. It would ban donations from foreign nationals, registered lobbyists, federal contractors, registered foreign agents, and individuals who have sought or received a presidential pardon — both during the presidency and for two years after. It would also cap total donations from any single person at $10,000 (adjusted for inflation) during the presidency and one year after, require quarterly public disclosure of donations of $200 or more, and impose civil and criminal penalties for violations.
Who benefits
The general public, who would gain access to publicly searchable donation records. Journalists, watchdog organizations, and government ethics researchers who would benefit from mandatory quarterly disclosures. Political opponents of a sitting president who could use disclosed donation data. Smaller donors and grassroots supporters whose relative influence over presidential libraries would increase as large donations are capped. Future presidents whose libraries would be insulated from accusations of pay-to-play influence.
Who is hurt
Wealthy individuals who currently make large donations to presidential libraries and would be capped at $10,000. Federal contractors, lobbyists, and foreign nationals who would be entirely prohibited from donating. Presidential library foundations that rely on large donations to fund construction, operations, and programming — and may face funding shortfalls. Former presidents whose post-presidential fundraising flexibility would be curtailed for at least two years. Pardon recipients or applicants who wish to support a president's legacy institution. 501(c)(3) organizations that serve as conduits for donations, which face new compliance burdens.
Supporters argue
Supporters argue that presidential libraries currently operate as an unregulated channel for wealthy interests to funnel large sums of money to sitting presidents with no disclosure requirements, creating a structural conflict of interest. They contend that foreign nationals, federal contractors, and lobbyists — all of whom are barred from making campaign contributions — face no equivalent restriction on library donations, allowing them to curry favor with a sitting president through a legal loophole. The $10,000 cap and mandatory quarterly disclosures, modeled on existing campaign finance frameworks, would bring presidential library fundraising in line with the transparency standards that already govern political donations.
Opponents argue
Opponents argue that presidential libraries are private, non-governmental institutions that preserve historical records and serve an educational public interest, and that imposing campaign-finance-style restrictions on charitable giving to them is constitutionally and practically overbroad. They contend that the $10,000 aggregate cap would severely restrict the funding available for library construction and programming — the Obama Presidential Center, for example, raised hundreds of millions in private donations — potentially leaving future libraries underfunded or dependent on fewer, larger institutional donors. Critics may also argue that restricting donations based on a donor's status as a lobbyist or contractor raises First Amendment associational concerns, since these individuals retain full rights to support charitable causes.
Constitutional context
The bill regulates private donations to non-governmental organizations, which implicates First Amendment protections for political association and charitable giving. While Congress has broad authority under the Commerce Clause and the Necessary and Proper Clause to regulate entities connected to federal archival programs, restrictions on who may donate to private foundations based on their status (e.g., lobbyist, contractor) could face scrutiny as content- or speaker-based restrictions on expressive activity. Post-Loper Bright (2024), any regulations the Archivist promulgates under this bill's delegation would face independent judicial review rather than deferential treatment.
Checks and balances
Congress gains authority to regulate presidential library fundraising; the Archivist of the United States gains enforcement and rulemaking power; the Attorney General and state attorneys general can bring civil and criminal actions; federal courts serve as the check on both the Archivist's regulations and enforcement actions.
Historical precedent
The Presidential Libraries Act of 1955 established the framework for federal oversight of presidential archival depositories, but no prior federal law has imposed donation limits or source restrictions on presidential library fundraising.