H.R.490 - Constitutional Emoluments Protection of American Interests Act of 2025 (119th Congress)
Summary
H.R. 490, the "Constitutional Emoluments Protection of American Interests Act of 2025," aims to prevent federal funds from being used at properties or entities owned, managed, or controlled by Donald J. Trump. The bill lists specific properties, including hotels, golf courses, and residential towers, both domestically and internationally.
The bill seeks to avoid potential conflicts of interest and ensure that government spending is not perceived as benefiting a former president's personal financial interests. It directly targets the use of federal funds for contracts, grants, or cooperative agreements with the specified Trump-affiliated entities.
The bill was introduced in the House of Representatives by Mr. Cohen and referred to the Committee on Oversight and Government Reform.
Expected Effects
If enacted, H.R. 490 would prohibit federal agencies from spending money at Trump-owned or controlled properties. This could affect government employees' travel and event planning, potentially requiring them to choose alternative venues.
The bill could also impact the revenue streams of the listed properties and entities, as they would be ineligible for federal contracts, grants, or cooperative agreements. The impact would depend on how much federal business these entities currently receive or anticipate receiving.
Potential Benefits
- Reduces potential conflicts of interest: Prevents a former president from directly benefiting financially from government spending.
- Ensures impartiality in government spending: Promotes the perception that government funds are allocated based on merit and public interest, not personal connections.
- Upholds ethical standards: Reinforces the principle that public office should not be used for private gain.
- Promotes transparency: Makes it clear where federal funds can and cannot be spent, reducing the risk of misuse.
- Strengthens public trust: Demonstrates a commitment to ethical governance and accountability.
Potential Disadvantages
- Limits options for government employees: May restrict choices for lodging, event venues, and other services, potentially leading to higher costs or less convenient options.
- Potential for legal challenges: The bill could face legal challenges based on equal protection or other constitutional grounds.
- Perception of political targeting: Could be viewed as unfairly targeting a specific individual, regardless of the merits.
- Economic impact on Trump-owned businesses: May negatively affect the profitability and value of the listed properties and entities.
- Creates a precedent for future legislation: Could lead to similar bills targeting other individuals or businesses with perceived conflicts of interest.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is complex. While Congress has broad power to appropriate funds under Article I, Section 8, the bill could be challenged under the Equal Protection Clause of the Fourteenth Amendment if it is deemed to unfairly target a specific individual without a rational basis.
The Emoluments Clauses (Article I, Section 9, Clause 8 and Article II, Section 1, Clause 7) generally prohibit federal officeholders from receiving gifts, emoluments, offices, or titles from any king, prince, or foreign state without the consent of Congress. This bill attempts to extend that principle to domestic financial interests.
Whether this extension is constitutional would likely depend on whether the government can demonstrate a compelling interest in preventing potential conflicts of interest and whether the bill is narrowly tailored to achieve that interest.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).