Contributions from foreign sources have also been a concern, including during Senate consideration of Hillary Clinton's nomination as Secretary of State. That bill would have required library fundraising organizations to publicly disclose contributions of at least $200, along with the names and occupations of donors. This report provides an overview of recent legislation regarding presidential library fundraising. It also discusses policy issues and options. Requiring additional disclosure surrounding library fundraising could increase transparency and potentially discourage conflicts of interest. Amounts and sources of library fundraising would continue to be unlimited. Appropriated funds, therefore, have not been the subject of substantial legislative activity in recent Congresses. Although those organizations must report certain information to the Internal Revenue Service (IRS), they are not required to publicly disclose identifying information about their donors. Contributions to libraries are also not subject to disclosure requirements or limitations contained in the Federal Election Campaign Act (FECA), which governs campaign financing. In recent Congresses, some Members have expressed concern about the lack of information surrounding private fundraising for library foundations. Under the Honest Leadership and Open Government Act of 2007 (HLOGA), registered lobbyists who contribute $200 or more to library foundations (in the aggregate and over six-month reporting periods) must disclose the contributions in reports filed with the Clerk of the House or Secretary of the Senate. Library Fundraising: Legislation in the 112th Congress

On February 17, 2011, Representative Duncan introduced H.R. 775 , a bill to require additional fundraising disclosure surrounding presidential libraries and related organizations. Library Fundraising: Legislation in the 111th Congress

In one of its first acts of legislative business, and with minimal debate, the House passed the Presidential Library Donation Act of 2009 ( H.R. 36 would have required library fundraising organizations to file quarterly reports itemizing contributions totaling at least $200. Library Fundraising: Legislation in the 110th Congress

H.R. 36 in the 111 th Congress was virtually identical to the version of H.R. 1254 (Waxman) passed by the House during the 110 th Congress. The Senate Committee on Homeland Security and Governmental Affairs (HSGAC) favorably reported an amended version of H.R. 1254 , but the measure did not receive floor consideration. If Congress wishes to pursue broader regulation of library fundraising, aspects of federal campaign finance policy may be a useful model, although certainly not the only model. As noted previously, library contributions are not treated as campaign contributions, but some goals embodied in campaign finance regulation appear to be similar to those behind calls for additional library-fundraising disclosure.
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.