Think Tank Transparency Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1438 Introduced in House (IH)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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