I 

114TH CONGRESS 

2D SESSION H. R. 5581 

To amend the Internal Revenue Code of 1986 to prohibit certain charitable 

organizations from accepting contributions from persons connected to 

foreign governments. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2016 

Mr. GOHMERT (for himself and Mr. OLSON) 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 prohibit 

certain charitable organizations from accepting contributions from persons connected to foreign governments. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Contributions Legally 

5 Interdicted from Noncitizens To Our Nonprofits Act of 

6 2016’’ or as the ‘‘CLINTON Act of 2016’’. 


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1 SEC. 2. CERTAIN CHARITABLE ORGANIZATIONS PROHIB2 ITED FOR ACCEPTING CONTRIBUTIONS FROM 

3 PERSONS CONNECTED TO FOREIGN GOVERN4 MENTS. 

5 (a) IN GENERAL.—Section 501 of the Internal Rev6 enue Code of 1986 is amended by adding at the end the 

7 following new subsection: 

8 ‘‘(s) PROHIBITION ON ACCEPTANCE OF CONTRIBU9 TIONS FROM PERSONS CONNECTED TO FOREIGN GOV10 ERNMENTS BY 501(c)(3) ORGANIZATIONS ESTABLISHED

11 BY CERTAIN FEDERAL OFFICIALS.— 

12 ‘‘(1) TERMINATION OF TAX-EXEMPT STATUS.— 

13 A Federal official organization shall not be treated 

14 as described in subsection (c)(3) with respect to any 

15 period after the date on which such organization 

16 knowingly or willingly accepts or solicits any con17 tribution from any person connected to a foreign 

18 government. If a Federal official organization ac19 cepts a contribution from any person and learns that 

20 such person is connected to a foreign government 

21 after such acceptance, such organization shall not be 

22 treated for purposes of this subsection as knowingly 

23 or willingly accepting such contribution from such 

24 person if such contribution is returned to such per25 son not later than the date which is 30 days after 


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1 the date on which the organization so learns the sta2 tus of such person. 

3 ‘‘(2) FORFEITURE OF PROHIBITED CONTRIBU4 TIONS.—There is hereby imposed a tax on any Fed5 eral official organization which knowingly or will6 ingly accepts any contribution from any person con7 nected to any foreign government in an amount 

8 equal to the amount of such contribution. 

9 ‘‘(3) FEDERAL OFFICIAL ORGANIZATION.—For 

10 purposes of this subsection, the term ‘Federal offi11 cial organization’ means any organization described 

12 in subsection (c)(3) (or which would be so described 

13 without regard to paragraph (1)) if one or more 

14 Federal officials established, control, or actively par15 ticipate in the management of, such organization. 

16 For purposes of the preceding sentence, service in a 

17 merely honorary capacity shall note be treated as 

18 control or active participation in management. 

19 ‘‘(4) FEDERAL OFFICIAL.—For purposes of this 

20 subsection, the term ‘Federal official’ means any in21 dividual who— 

22 ‘‘(A) at any time prior the date of the con23 tribution referred to in paragraph (1) or (2), is 

24 serving or has served as President or Vice25 President, or 


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1 ‘‘(B) at any time during the 20-year period 

2 ending on the date of the contribution referred 

3 to in paragraph (1) or (2), holds or has held 

4 any of the following positions in the Federal 

5 government: 

6 ‘‘(i) Any Member of Congress (includ7 ing any Delegate and Resident Commis8 sioner). 

9 ‘‘(ii) Any officer or employee ap10 pointed by the President, Vice-President, 

11 or any agency head and subject to con12 firmation by the Senate. 

13 ‘‘(iii) Any of the following positions 

14 which are held at the pleasure of the Presi15 dent: 

16 ‘‘(I) Assistant to the President. 

17 ‘‘(II) Chief of staff. 

18 ‘‘(III) National security advisor. 

19 ‘‘(IV) Deputy chief of staff. 

20 ‘‘(iv) Any Federal judge, without re21 gard to the article of the Constitution pur22 suant to which appointed. 

23 ‘‘(5) PERSONS CONNECTED TO FOREIGN GOV24 ERNMENT.—For purposes of this subsection, the 


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1 term ‘person connected to a foreign government’ 

2 means the following: 

3 ‘‘(A) Any department, agency, or instru4 mentality of a foreign government. 

5 ‘‘(B) Any public international organization 

6 (as defined in section 104 of the Foreign Cor7 rupt Practices Act of 1977 (15 U.S.C. 78dd– 

8 2)). 

9 ‘‘(C) Any officer or employee of any entity 

10 described in subparagraph (A) or (B). 

11 ‘‘(D) Any individual who was described in 

12 subparagraph (C) at any time during the 20- 

13 year period ending on the date on which the 

14 contribution from such individual is accepted or 

15 solicited. 

16 ‘‘(E) Any person acting in an official ca17 pacity for or on behalf of any entity described 

18 in subparagraph (A) or (B). 

19 ‘‘(F) Any person belonging to a ruling or 

20 royal family by virtue of sanguinity or mar21 riage. 

22 ‘‘(G) Any person related within four de23 grees of consanguinity to a person described in 

24 subparagraph (E) or (F).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to contributions made after the 

3 date of the enactment of this Act in taxable years ending 

4 after such date. 

Æ 


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