[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2300 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 2300

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2025

 Ms. Warren (for herself, Mr. Blumenthal, Mr. Van Hollen, Mr. Markey, 
Mr. Whitehouse, Mr. Padilla, Mr. Wyden, Ms. Alsobrooks, Mr. Durbin, Mr. 
 Schiff, Mr. Merkley, Mr. Kim, Mr. Reed, Mr. Sanders, and Mr. Peters) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 after 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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