Think Tank Transparency Act
This bill requires certain nonprofit organizations to file a disclosure report with the Department of Justice (DOJ) after (1) receiving a gift, donation, or contribution of $10,000 or more in a calendar year from foreign governments, entities, or individuals; or (2) entering into or modifying a contract or agreement with such foreign sources. These disclosure reports shall be available to the public on the DOJ website.
Generally, these requirements shall apply to certain nonprofit organizations that (1) seek to influence U.S. public policy or public opinion; (2) engage in or publish substantial policy-related research or scholarship; or (3) regularly promote events featuring reporters, journalists, or government officials.
Furthermore, if such a nonprofit organization presents research (e.g., briefings or testimony) that was funded by a foreign source to Members of Congress, congressional employees, or executive branch officials, that foreign source must be prominently identified on any presented written materials.
The bill permits the DOJ to bring a civil action against an organization to compel compliance.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1438 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1438
To require certain nonprofit and not-for-profit social welfare
organizations to submit disclosure reports on foreign funding to the
Attorney General; and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2023
Mr. Bergman introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To require certain nonprofit and not-for-profit social welfare
organizations to submit disclosure reports on foreign funding to the
Attorney General; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Think Tank Transparency Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Think tanks have provided Congress and the
Administration with a wealth of research and scholarship that
largely has benefitted the American public by improving the
drafting, enactment, and enforcement of U.S. policy.
(2) There is broad bipartisan agreement that think tanks
possess enormous influence on the passage and enforcement of
policies, particularly those that relate to foreign policy.
(3) In recent years, foreign funding of think tanks has
increased substantially.
(4) Congress, the Administration, and especially the
American people have a right to know which think tanks receive
foreign funds and to assess for themselves the extent that
foreign influence should be considered when analyzing the
credibility and value of research and scholarship produced by
such organizations that receive foreign funds.
(5) The House has already recognized the national security
issues inherent in undue foreign influence of entities with
covert sources of foreign funding who testify before Congress.
Since 2015, individuals who testify before the U.S. House of
Representatives have been required to disclose relevant foreign
funding sources directed to them or their employers in Truth in
Testimony disclosure forms. (The original looser requirement
was enacted in 1997).
(6) Over 30 years ago, Congress enacted section 117 of the
Higher Education Act of 1965 (HEA) in light of concerns about
the growing financial relationship between U.S. universities
and foreign sources. Congress balanced academic freedom and
national security by mandating financial transparency through
required reporting of contracts with and gifts from a foreign
source.
(7) Section 117 does not prohibit institutions from taking
foreign money; it mandates accurate and transparent disclosures
of sources and amounts to the Department of Education. In 2019,
the Department took concrete steps to enforce section 117 by
ensuring the integrity of reporting requirements, confirming
the correct reporting and categorization of donations, and
prohibiting the use of domestic conduits and intermediaries to
avoid the disclosures of foreign gifts.
(8) Between 2011 and 2021, Russia has given at least $160
million to U.S. universities. China alone has given at least
$2.7 billion during the same time frame. And during that span,
the State of Qatar has given at least $5 billion to U.S.
universities.
(9) Each of these nations has a repressive and deeply
troubling record on human rights, and all three have engaged in
cyber espionage targeting Americans.
(10) Russia, China, and Qatar all pose grave threats to
U.S. national security interests, yet they have successfully
lavished billions of dollars to cultivate strong ties with
institutions of higher education and research across the United
States.
(11) There is also evidence suggesting that Qatar
encouraged and potentially facilitated U.S. universities
receiving its largess to flout U.S. disclosure requirements
under section 117 of the Higher Education Act.
(12) Although the Center for International Policy conducted
a study in 2020 that concluded that think tanks focused on
Federal policy received at least $174 million in funding from
foreign governmental entities between 2014 and 2018, there is
currently no means to determine the actual level or extent of
foreign influence on such think tanks.
(13) While the exact amount of foreign funding that U.S.
based think tanks receive is unknown, it is clear that the
foreign sources would not provide that level of funding unless
it impacted think tanks' policy recommendations.
(14) One prominent think tank, the East West Institute,
received substantial funding from China's People's Liberation
Army, which conducts cyber espionage attacks, including against
Americans. After the East West Institute was dissolved in 2021,
the Stimson Center took over several of the think tank's key
programs involving China.
(15) The Stimson Center worked to significantly alter the
Homeland and Cyber Threat Act (H.R. 1607, introduced into the
117th Congress on March 8, 2021). The HACT Act, which would
provide an exception to the Foreign Sovereign Immunities Act of
1976 (FSIA) to allow U.S. persons harmed by foreign-government
sponsored cyberattacks to bring civil claims for damages,
passed in the last Congress with broad bipartisan support. The
changes advocated by the Stimson Center would gut the bill and
render it completely ineffective in holding foreign nations and
their agents responsible for cyberattacks on and in the United
States.
(16) One of the main sources of the Stimson Center's
funding is the State of Qatar, a major sponsor of terrorism
worldwide and one of the most notorious sponsors of
cyberattacks against U.S. entities. In 2019 alone, the Stimson
Center took over $600,000 in contributions from the Government
of Qatar.
(17) The Brookings Institution has received at least $22
million from the State of Qatar from 2013 through 2021, but the
exact amount has not been disclosed publicly.
(18) There is also significant concern in Congress about
potential contractual stipulations tied to foreign funding that
could be leveraged by foreign powers to exert even greater
influence over the research and policy recommendations of think
tanks that the Federal Government and the American public would
otherwise believe to be independent.
(19) In a 2007 ``Establishment Agreement'' between the
Brookings Institution and Qatar's Ministry of Foreign Affairs--
which appears to have been in place in its original form
through the end of 2021--the Doha ``branch'' of the Brookings
Institution, called Brookings Doha Center, was effectively
owned and controlled by the Emir of Qatar. Under the terms of
the contract, the Brookings Institution's role in the Doha
Center was limited to that of a ``Promoter''.
(20) As only revealed publicly in June 2022, the Brookings
Doha Center was a separate and distinct legal entity,
specifically a Private Foundation for the Public Benefit, the
same incorporation status as the State of Qatar's propaganda
arm, Al Jazeera.
(21) Pursuant to the 2007 Establishment Agreement, the
Director of the Brookings Doha Center was required to report
directly to Qatar's Ministry of Foreign Affairs, including to
``engage in regular consultation . . . regarding the
development and ongoing operations'' and for prior approval of
``programs that will be developed by the [Brookings Doha]
Center''.
(22) The Brookings Doha Center was renamed the Middle East
Council on Global Affairs, and evidence indicates that it is
now entirely under the control of the Qatari Government.
According to a January 2022 ``Amendment'' to the 2007 Articles
of Incorporation, the Brookings Institution ceded the
``Promoter'' role for Brookings Doha Center to a senior
employee of Qatar's Ministry of Foreign Affairs, Majed Al-
Ansari. This Amendment also called on the Middle East Council
to assume control of intellectual property rights that had been
under the ``Brookings'' brand, including the content from and
followers of the ``@BrookingsDoha'' Twitter account.
(23) Congress currently is unable to determine what other
agreements that the Brookings Institution or other influential
think tanks have with foreign governmental entities, a void
which has already been exploited by at least the State of Qatar
in obtaining prior approval of budgets and research projects
conducted under the branding of the Brookings Institution and
the Brookings Doha Center in the aforementioned 2007 contract,
or the transference of valuable intellectual property to the
Qatari Government pursuant to the 2022 amendment.
(24) There is broad bipartisan agreement that undue foreign
influence obscured through the use of proxies--or hidden by the
powerful brand of a highly respected think tank--threatens the
national security interests of the United States. There is also
broad agreement that transparency is the most important and
effective tool for reducing the harm of foreign influence
targeting U.S. public policy or public opinion.
(25) As such, this bill aims to provide critical
transparency regarding the foreign funding provided to and the
related contractual agreements with think tanks whose work
includes influencing U.S. policies or public opinion.
SEC. 3. CONTEMPORANEOUS DISCLOSURE REPORTS.
(a) Reporting Conditions.--
(1) Gifts, donations, or contributions.--
(A) In general.--Except as provided in section 6, a
covered entity that receives a gift, donation, or
contribution from a foreign principal during a calendar
year in an aggregate amount of $10,000 or greater shall
file a disclosure report with the Attorney General in
accordance with subsection (b) not later than 90 days
after each disclosure date.
(B) Disclosure date defined.--In this paragraph,
the term ``disclosure date'' means--
(i) the first date during any calendar year
by which a covered entity has received a gift,
donation, or contribution from a foreign
principal in an aggregate amount of $10,000 or
greater; and
(ii) any other date during such calendar
year by which a covered entity has received a
gift, donation, or contribution from a foreign
principal in an aggregate amount of $10,000 or
greater since the most recent disclosure date
for such calendar year.
(2) Contract, memorandum of understanding, or agreement.--
Except as provided in section 6, a covered entity that enters
into or modifies a contract, memorandum of understanding, or
agreement with a foreign principal shall file a disclosure
report with the Attorney General in accordance with subsection
(b) within 90 days of the formation or modification of such
contract, memorandum, or agreement.
(b) Contents of Contemporaneous Disclosure Report.--
(1) Gifts, donations, or contributions only.--The report
required under subsection (a)(1) shall detail the following:
(A) The identities of the foreign principal and the
primary point of contact of the foreign principal for
engaging with the covered entity, including the name
and title of such point of contact.
(B) The date on which the foreign principal
provided a gift, donation, or contribution to the
covered entity.
(C) The aggregate dollar amount of such gift,
donation, or contribution attributable to a particular
foreign principal.
(D) A description of any conditions or restrictions
regarding any of the disclosed gifts, donations, or
contributions.
(E) The aggregate amount of such gifts, donations,
or contributions received from each foreign principal.
(F) A description of any decisions made because of
the foreign principal to the structure of the
organization or to the research, programs, or content
intended to be or actually published, disseminated, or
promoted by the covered entity.
(2) Contract, memorandum of understanding, or agreement
only.--The report required under subsection (a)(2) shall detail
the following:
(A) The identities of the foreign principal and the
primary point of contact of the foreign principal for
engaging with the covered entity, including the name
and title of such point of contact.
(B) The date on which the covered entity entered
into or modified a contract, memorandum of
understanding, or agreement with a foreign principal.
(C) Copies of all written contracts, agreements, or
memoranda of understanding the covered entity entered
into or modified with any foreign principal.
(D) Copies of all internal and external documents,
research materials and publications produced as a
result of the contract, memorandum of understanding, or
agreement.
(E) A description of any decisions made because of
the foreign principal to the structure of the
organization or to the research, programs, or content
intended to be or actually published, disseminated, or
promoted by the covered entity.
SEC. 4. INITIAL DISCLOSURE REPORTS.
(a) In General.--A covered entity shall file an initial disclosure
report, in accordance with subsections (b) or (c), with the Attorney
General within 180 days of the date of enactment of this Act if, during
the period beginning on January 1st of the most recent calendar year
which ended before the date of enactment of this Act and ending on the
effective date of this Act--
(1) such covered entity received a gift, donation, or
contribution from a foreign principal in an aggregate amount of
$10,000 or greater;
(2) such covered entity entered into or modified a
contract, memorandum of understanding, or agreement with a
foreign principal; or
(3) such covered entity had previously entered into a
contract, agreement or memorandum of understanding with a
foreign principal that was still valid or enforceable on or
after January 1 of the most recent calendar year which ended
before the date of enactment of this Act.
(b) Prior Gifts, Donations, or Contributions.--The report required
under subsection (a)(1) shall detail the following:
(1) The name of the foreign principal.
(2) The country of citizenship of the foreign principal.
(3) The amount and date of such gifts, donations, or
contributions.
(4) The description of any conditions or restrictions
attached to, or placed on, the gifts, donations, or
contributions.
(5) A description of any decisions made because of the
foreign principal to the structure of the organization or to
the research, programs, or content intended to be or actually
published, disseminated, or promoted by the covered entity.
(c) Contract, Memorandum of Understanding, or Agreement.--The
report required under subsection (a)(2) shall detail the following:
(1) The name of the foreign principal.
(2) The country of citizenship of the foreign principal.
(3) Copies of each written contract, memorandum of
understanding, or agreement.
(4) Any modification of each such written contract,
memorandum, or agreement.
(5) The terms and conditions of each oral agreement.
(6) Any modification of each such oral agreement.
(7) A comprehensive statement of--
(A) the nature and method of performance of each
item described in paragraphs (3) through (6); and
(B) the actions taken by the covered entity at the
request or suggestion of each such foreign principal.
(8) A description of any decisions made because of the
foreign principal to the structure of the organization or to
the research, programs, or content intended to be or actually
published, disseminated, or promoted by the covered entity.
SEC. 5. BRIEFINGS, TESTIMONY, OR SIMILAR FORMS OF PRESENTATION OF
RESEARCH.
(a) Labeling of Written Materials.--If a covered entity provides a
briefing, testimony, or similar form of presentation of research to a
member or employee of Congress or an executive branch official, such
covered entity shall identify prominently on any written materials the
name of the relevant foreign principal and the country of citizenship,
if the foreign principal is not a government, who provided funding for
such briefing, testimony, or similar form of presentation of research.
(b) Addendum to Briefing, Testimony, Presentation.--In the event
that no written materials are provided, the covered entity shall convey
the information required under subsection (a) in writing to the member
or employee of Congress or executive branch official before or within
10 days after the briefing, testimony, or presentation.
SEC. 6. RELATION TO OTHER REPORTING REQUIREMENTS.
(a) State Reports.--
(1) Requirements of a covered entity.--If a covered entity
is within a State which has enacted requirements for public
disclosure of gifts, donations, or contributions from or
contracts or agreements with a foreign principal that are
substantially similar to the requirements of this Act, a copy
of the disclosure report filed with the State may be filed with
the Attorney General in lieu of a report required under this
Act.
(2) Requirements of the state.--The State in which the
covered entity is located shall provide to the Attorney General
such assurances as the Attorney General may require to
establish that the covered entity has met the requirements for
public disclosure under State law if the State report is filed.
(b) Federal Reports.--If a covered entity receives a gift,
donation, or contribution from, or enters into a contract or agreement
with, a foreign principal, if any other department, agency, or bureau
of the executive branch requires a report containing requirements
substantially similar to those required under this section, a copy of
the report may be filed with the Attorney General in lieu of a report
required under this Act.
SEC. 7. ADMINISTRATION AND ENFORCEMENT.
(a) Books and Records.--
(1) Retention period.--For a period of not less than 5
years, a covered entity shall retain the necessary materials
required to comply with the requirements of this Act, including
books of account, all communications with the foreign
principal, and other records regarding its activities related
to any contracts, memorandum of understandings, or agreements
with or gifts, donations, or contributions from a foreign
principal.
(2) Inspection.--
(A) Attorney general.--Upon request of the Attorney
General, each covered entity shall furnish to the
Attorney General all information and records in its
possession which the Attorney General may determine to
be necessary to comply with the requirements under this
Act.
(B) Congress.--Upon request of Congress or a
committee of Congress, a covered entity shall furnish
to Congress or the committee such information and
records as Congress or the committee may request to
determine the extent to which the covered entity is in
compliance with the requirements of this Act.
(3) Publication.--Any information or records furnished
pursuant to paragraph (2)(A) shall be made available in the
database required under subsection (a).
(4) Prohibition.--It shall be unlawful for any person
willfully to conceal, destroy, obliterate, mutilate, or
falsify, or to attempt to conceal, destroy, obliterate,
mutilate, or falsify, or to cause to be concealed, destroyed,
obliterated, mutilated, or falsified, any books or records
required to be kept under the provisions of this section.
(b) Publication.--All disclosure reports required by this Act shall
be made available to the public through a database maintained on the
official website of the Department of Justice.
(c) Civil Monetary Penalty.--Any covered entity that fails to
comply with the requirements of this Act, including any rule or
regulation promulgated thereunder, shall be subject, in addition to any
other penalties that may be prescribed by law, to a civil money penalty
of no less than $1,000 for each day of the failure described by this
Act.
(d) Civil Action.--
(1) Court orders.--Whenever it appears that a covered
entity has failed to comply with the requirements of this Act,
including any rule or regulation promulgated under this Act, a
civil action may be brought by the Attorney General in an
appropriate district court of the United States, or the
appropriate United States court of any territory or other place
subject to the jurisdiction of the United States, to request
such court to compel compliance with the requirements of this
Act.
(2) Costs.--For knowing or willful failure to comply with
the requirements of this Act, including any rule or regulation
promulgated thereunder, a covered entity shall pay to the
Treasury of the United States the full costs to the United
States of obtaining compliance, including all associated costs
of investigation and enforcement.
(e) Regulations.--The Attorney General may promulgate regulations
to carry out this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) Conduct intending to directly or indirectly influence
public policy or public opinion.--The term ``conduct intending
to directly or indirectly influence public policy or public
opinion'' means, with respect to a covered entity, any activity
that the covered entity engaging in believes will, or that the
covered entity intends to, in any way influence any agency or
official of the Government of the United States or any section
of the public within the United States with reference to
formulating, adopting, or changing the domestic or foreign
policies of the United States or with reference to the
political or public interests, policies, or relations of a
government of a foreign country or a foreign political party.
(2) Contract.--The term ``contract'' means any agreement
for the acquisition by purchase, lease, or barter of property
or services by the foreign principal, for the direct benefit or
use of either of the parties.
(3) Country of citizenship.--The term ``country of
citizenship'', with respect to a foreign principal, includes--
(A) the principal residence for a foreign principal
who is a natural person; or
(B) the country of incorporation or the principal
place of business for a foreign principal which is a
legal entity.
(4) Covered entity.--The term ``covered entity''--
(A) means a nonprofit organization or a not-for-
profit social welfare organization that--
(i) spends more than 20 percent of its
resources within any given calendar year on
conduct intending to directly or indirectly
influence public policy or public opinion; or
(ii) is affiliated with or is a sub-unit of
an ``institution'' subject to section 117 of
the Higher Education Act of 1965 (20 U.S.C.
1011f) that--
(I) engages in or publishes
substantial policy-related research or
scholarship; or
(II) hosts, sponsors, or otherwise
promotes annual, or on a more frequent
basis, events featuring reporters,
journalists, or U.S. or foreign
government officials; and
(B) excludes--
(i) an ``institution'' subject to section
117 of the Higher Education Act of 1965 (20
U.S.C. 1011f); and
(ii) an entity organized and operated
exclusively for religious purposes.
(5) Foreign principal.--The term ``foreign principal''
includes--
(A) a government of a foreign country and a foreign
political party;
(B) a person outside of the United States, unless
it is established that such person is an individual and
a citizen of the United States, or that such person is
not an individual and is organized under or created by
the laws of the United States or of any State or other
place subject to the jurisdiction of the United States
and has its principal place of business within the
United States; and
(C) a partnership, association, corporation,
organization, or other combination of persons organized
under the laws of or having its principal place of
business in a foreign country.
(6) Gift, donation, or contribution.--The term ``gift,
donation, or contribution'' means any gift of money, property,
or in-kind contribution given directly or indirectly to a
covered entity by a foreign principal.
(7) Not-for-profit social welfare organization.--The term
``not-for-profit social welfare organization'' means an
organization described in section 501(c)(4) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such code.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such code.
(9) Restricted or conditional gift or contract.--The term
``restricted or conditional gift or contract'' means any
endowment, gift, grant, contract, award, present, or property
of any kind which includes provisions regarding--
(A) the employment, assignment, compensation, or
termination of researchers, scholars, or experts;
(B) the earmarking of funds for departments,
centers, research or lecture programs, or new positions
for researchers, scholars, or experts;
(C) the subject matter, nature, or contents of
research, analysis or any information published or
disseminated to U.S. government officials, the media,
or the public; or
(D) any other condition or expectation regarding
either the foreign principal's ability to review in
advance, approve, veto, or modify budgets, programs,
events, or presentations, or the contents of
information or materials to be published or
disseminated.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date that is 120 days following
the date of enactment.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line