R. Sam Garrett
Analyst in American National Government
In recent Congresses, some Members have expressed concern about the lack of information surrounding private fundraising for presidential libraries. Those calling for additional regulation argue that more transparency could reduce potential conflicts of interest surrounding library contributions. Contributions from foreign sources have also been the subject of debate.
Federal law and regulation are largely silent on contributions to presidential libraries. Contributions to library fundraising organizations may be unlimited and can come from any otherwise lawful source. In addition, although certain aspects of library contributions are similar to campaign contributions, library contributions are not considered to be campaign contributions and are not subject to limits on amounts and funding sources specified in the Federal Election Campaign Act (FECA). In one of the few relatively recent regulatory changes affecting library contributions, the Honest Leadership and Open Government Act (HLOGA), enacted in the 110th Congress, requires registered lobbyists to report their contributions to presidential libraries. However, non-lobbyists are not required to report their library contributions. Library fundraising organizations must report certain information to the Internal Revenue Service, but those organizations are not required to publicize information about individual donors.
Library-fundraising issues emerged during Senate consideration of Hillary Clinton’s nomination as Secretary of State, amid concerns about fundraising for former President Clinton’s library and other initiatives. Calls for additional disclosure, however, are not new. During the 110th Congress, the House passed H.R. 1254 (Waxman), which would have required library fundraising organizations to file quarterly reports itemizing contributions of at least $200 and identifying donors. The Senate Committee on Homeland Security and Governmental Affairs reported an amended version of the bill, but the measure did not receive Senate floor consideration. In the 111th Congress, the House passed H.R. 36 (Towns) in January 2009; that measure was virtually identical to the House-passed version of H.R. 1254 from the 110th Congress. It did not advance in the Senate. An additional disclosure measure, H.R. 775 (Duncan), which would also require reporting of donations of at least $200, was introduced in the 112th Congress, in February 2011. If Congress wishes to pursue broader regulation of library fundraising, aspects of campaign finance policy may be a useful model. However, certain aspects of a campaign-finance disclosure model may invite controversy.
This report provides an overview of recent policy issues and legislation surrounding library fundraising. It will be updated in the event of significant legislative activity.
Date of Report: February 24, 2011
Number of Pages: 10
Order Number: R40209
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Analyst in American National Government
In recent Congresses, some Members have expressed concern about the lack of information surrounding private fundraising for presidential libraries. Those calling for additional regulation argue that more transparency could reduce potential conflicts of interest surrounding library contributions. Contributions from foreign sources have also been the subject of debate.
Federal law and regulation are largely silent on contributions to presidential libraries. Contributions to library fundraising organizations may be unlimited and can come from any otherwise lawful source. In addition, although certain aspects of library contributions are similar to campaign contributions, library contributions are not considered to be campaign contributions and are not subject to limits on amounts and funding sources specified in the Federal Election Campaign Act (FECA). In one of the few relatively recent regulatory changes affecting library contributions, the Honest Leadership and Open Government Act (HLOGA), enacted in the 110th Congress, requires registered lobbyists to report their contributions to presidential libraries. However, non-lobbyists are not required to report their library contributions. Library fundraising organizations must report certain information to the Internal Revenue Service, but those organizations are not required to publicize information about individual donors.
Library-fundraising issues emerged during Senate consideration of Hillary Clinton’s nomination as Secretary of State, amid concerns about fundraising for former President Clinton’s library and other initiatives. Calls for additional disclosure, however, are not new. During the 110th Congress, the House passed H.R. 1254 (Waxman), which would have required library fundraising organizations to file quarterly reports itemizing contributions of at least $200 and identifying donors. The Senate Committee on Homeland Security and Governmental Affairs reported an amended version of the bill, but the measure did not receive Senate floor consideration. In the 111th Congress, the House passed H.R. 36 (Towns) in January 2009; that measure was virtually identical to the House-passed version of H.R. 1254 from the 110th Congress. It did not advance in the Senate. An additional disclosure measure, H.R. 775 (Duncan), which would also require reporting of donations of at least $200, was introduced in the 112th Congress, in February 2011. If Congress wishes to pursue broader regulation of library fundraising, aspects of campaign finance policy may be a useful model. However, certain aspects of a campaign-finance disclosure model may invite controversy.
This report provides an overview of recent policy issues and legislation surrounding library fundraising. It will be updated in the event of significant legislative activity.
Date of Report: February 24, 2011
Number of Pages: 10
Order Number: R40209
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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