Think Tank and Nonprofit Foreign Influence Disclosure Act

#3966 | HR Congress #119

Policy Area: Taxation
Subjects:

Last Action: Referred to the House Committee on Ways and Means. (6/12/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Think Tank and Nonprofit Foreign Influence Disclosure Act" aims to enhance transparency regarding foreign donations to charitable organizations in the United States, particularly focusing on think tanks and cultural institutions. This legislation amends the Internal Revenue Code of 1986 to require tax-exempt organizations to publicly report contributions exceeding $10,000 from foreign governments, foreign political parties, and entities associated with them.

Key provisions of the bill include:

1. **Disclosure Requirements**: Organizations must disclose the names of foreign donors and the total amount received annually, specifically targeting contributions from the People's Republic of China, the Chinese Communist Party, and related entities.

2. **Public Database**: The Secretary of the Treasury is tasked with creating a searchable database to make this information accessible to the public, thereby increasing transparency about foreign influence in U.S. charitable sectors.

3. **National Security Concerns**: The act responds to findings that foreign entities, particularly from China, have attempted to exert influence over U.S. policy and public opinion by funding American nonprofit organizations, raising concerns about national security.

This legislation is intended to mitigate the risks associated with foreign influence in U.S. civil society by ensuring that such funding is transparent and publicly accessible.

Possible Impacts

The "Think Tank and Nonprofit Foreign Influence Disclosure Act" could affect people in several ways:

1. **Increased Transparency for Donors**: Individuals and organizations that donate to think tanks or other nonprofit entities may face greater scrutiny. If their contributions come from foreign governments or political parties and exceed $10,000, these donations must be publicly disclosed. This could deter some potential donors from contributing, especially if they are concerned about public perception or potential backlash related to foreign influence.

2. **Public Awareness and Engagement**: With the establishment of a searchable database for public disclosure of foreign contributions, the general public, researchers, and watchdog organizations will have greater access to information about where think tanks and charitable organizations receive their funding. This could empower citizens to make more informed decisions about which organizations to support or trust, fostering greater engagement in political and social issues.

3. **Impact on Nonprofits and Think Tanks Operations**: Nonprofits and think tanks may find it more difficult to secure funding from foreign sources due to the new reporting requirements. Organizations that previously relied on foreign donations may need to adjust their funding strategies, potentially leading to a decrease in their operational capacity or a shift in their research agendas. This could impact the diversity of perspectives and ideas presented by these institutions, affecting public discourse and policy-making.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3966 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 3966

 To amend the Internal Revenue Code of 1986 to provide for the public 
reporting of certain contributions received by charitable organizations 
        from foreign governments and foreign political parties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2025

Mr. Gooden (for himself and Mr. Tiffany) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to provide for the public 
reporting of certain contributions received by charitable organizations 
        from foreign governments and foreign political parties.

    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 and Nonprofit Foreign 
Influence Disclosure Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Foreign governments and foreign political parties 
        attempt to influence the government and political system of the 
        United States through donations to nonprofit charitable 
        organizations, especially think tanks and cultural 
        organizations. While institutions of higher education are 
        required to disclose foreign gifts to the Department of 
        Education pursuant to the Higher Education Act, no such 
        requirement exists for think tanks and other tax-exempt 
        organizations.
            (2) The Department of Defense found in its Military and 
        Strategic Developments Involving the People's Republic of China 
        2019 Report that: ``China conducts influence operations against 
        cultural institutions, media organizations, and the business, 
        academic, and policy communities of the United States, other 
        countries, and international institutions to achieve outcomes 
        favorable to its security and military strategy objectives. . . 
        . China harnesses academia and educational institutions, think 
        tanks, and state-run media to advance its soft power campaign 
        in support of China's security interests.''.
            (3) According to the unclassified March 2025 Annual Threat 
        Assessment of the United States Intelligence Community 
        delivered to Congress, the Chinese government is likely to feel 
        emboldened to use malign influence more regularly in coming 
        years. The lack of transparency surrounding Chinese funding 
        flows to organizations in the United States is a growing 
        national security risk.
            (4) The Chinese Communist Party (CCP) specifically targets 
        think tanks as part of its united front work, which is a blend 
        of engagement, influence activities, and intelligence 
        operations used in part to shape policy toward China and gain 
        access to technology. The Central United Front Work Department 
        (UFWD), which reports directly to the CCP's Central Committee, 
        is the lead organization for coordinating and carrying out 
        united front work and oversees organizations operating in the 
        United States, including in Washington, DC.
            (5) According to a Hoover Institution report, China's 
        influence activities have moved beyond a traditional focus on 
        diaspora communities to target a far broader range of sectors 
        in Western societies, including think tanks, seeking to promote 
        views sympathetic to the Chinese government and co-opt United 
        States citizens to support China's foreign policy goals and 
        economic interests.
            (6) Several think tanks, cultural organizations, and 
        related entities incorporated in the United States have 
        received money or other forms of support from the UFWD and its 
        proxies and agents. A 2018 report by the U.S.-China Economic 
        and Security Review Commission noted that a number of 
        Washington, DC think tanks and universities have received 
        funding from Tung Cheehwa, the head of a united front-
        affiliated organization called the China-United States Exchange 
        Foundation (CUSEF).
            (7) In May 2024, Bloomberg News reported that Optica 
        Foundation, a United States-based 501(c)(3) tax exempt 
        organization, secretly accepted millions of dollars from 
        Huawei, which has been designated by the U.S. government as a 
        national security threat, as part of a program to fund cutting-
        edge research.
            (8) According to a December 2023 letter led by the Chairman 
        of the House Select Committee on the Strategic Competition 
        Between the United States and the Chinese Communist Party, the 
        Max Baucus Institute, a 501(c)(3) organization, was promoting a 
        study trip for students to China that was funded by united 
        front-affiliated CUSEF.
            (9) According to a November 2023 report by the House Select 
        Committee on the Strategic Competition Between the United 
        States and the Chinese Communist Party, China's intelligence 
        agencies seek to draw on members of united front organizations 
        to support espionage and influence operations, as seen in the 
        law enforcement arrests relating to the CCP's police station in 
        New York City. In April 2023, the CCP mobilized groups based in 
        the United States with ties to its united front organizations 
        to join protests against Taiwan's then-president who was 
        transiting the United States.

SEC. 3. ANNUAL DISCLOSURE OF CONTRIBUTIONS FROM FOREIGN GOVERNMENTS, 
              FOREIGN POLITICAL PARTIES, AND OTHER ENTITIES BY CERTAIN 
              TAX-EXEMPT ORGANIZATIONS.

    (a) Reporting Requirement.--Section 6033(b) of the Internal Revenue 
Code of 1986 is amended by striking ``and'' at the end of paragraph 
(15), by redesignating paragraph (16) as paragraph (17) and by 
inserting after paragraph (15) the following new paragraph:
            ``(16) with respect to each government of a foreign country 
        (within the meaning of section 1(e) of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 611(e))), each foreign 
        political party (within the meaning of section 1(f) of such Act 
        (22 U.S.C. 611(f))), and each entity that is directed, 
        controlled, financed, or subsidized (in whole or in part) by a 
        foreign country specified in section 4872(f)(2) of title 10, or 
        agent thereof, which made aggregate contributions and gifts to 
        the organization during the year in excess of $10,000, the name 
        of such government, political party, or entity and such 
        aggregate amount, and''.
    (b) Public Disclosure.--Section 6104 of such Code is amended by 
adding at the end the following new subsection:
    ``(e) Public Disclosure of Certain Information.--The Secretary 
shall make publicly available in a searchable database the following 
information:
            ``(1) The information furnished under section 6033(b)(16) 
        of the Internal Revenue Code of 1986, as amended by this 
        section.
            ``(2) The name of the organization furnishing the 
        information described in paragraph (1).
            ``(3) The aggregate amount reported under such section as 
        having been received as contributions or gifts in each year 
        from--
                    ``(A) the People's Republic of China,
                    ``(B) the Chinese Communist Party, or
                    ``(C) any entity directed, controlled, financed, or 
                subsidized (in whole or in part) by an entity described 
                in subparagraph (A) or (B) (or an agent thereof).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns filed for taxable years beginning after the date of 
the enactment of this Act.
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