,,ii #aagth ,,congress #b;d ,session ,s4 #dihg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjbb,mr4 ,grassley introduced the following bill2 which was read twice and 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 ,general1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,think ,tank ,transparency ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,think tanks have provided ,congress and the executive branch with a wealth of research and scholarship that largely has benefitted the public in the ,united ,states by improving the drafting1 enactment1 and enforcement of policy in the ,united ,states4 7#b7 ,there is broad bipartisan agreement that think tanks possess enormous influence on the passage and enforcement of policies1 particularly those that relate to foreign policy4 7#c7 ,in recent years1 foreign funding of think tanks has increased substantially4 7#d7 ,congress1 the executive branch1 and especially the people of the ,united ,states have a right to-- 7,a7 know which think tanks receive foreign funds2 and 7,b7 assess for themselves the extent that foreign influence should be considered when analyzing the credibility and value of research and scholarship produced by such think tanks that receive foreign funds4 7#e7 ,the ,united ,states ,house of ,representatives has already recognized the national security issues inherent in undue foreign influence of entities with covert sources of foreign funding that testify before ,congress4 ,since #bjae1 representatives of entities who testify before the ,united ,states ,house of ,representatives have been required to disclose relevant foreign funding sources directed to them or their employers in ,truth-in-,testimony disclosure forms required under clause #b7;g77#e7 of rule ,,xi of the ,united ,states ,house of ,representatives4 7#f7 ,almost #cj years ago1 ,congress enacted section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7 7hereinafter referred to as section #aag7 in light of concerns about the growing financial relationship between universities in the ,united ,states and foreign sources4 ,in enacting that legislation1 ,congress balanced academic freedom and national security by mandating financial transparency through required reporting of contracts with1 and gifts from1 any foreign source4 7#g7 ,section #aag does not prohibit institutions of higher education from taking foreign money1 but rather mandates accurate and transparent disclosures of sources and amounts received by those institutions to the ,department of ,education4 ,in #bjai1 the ,department of ,education took concrete steps to enforce section #aag by ensuring the integrity of reporting requirements1 confirming the correct reporting and categorization of donations1 and prohibiting the use of domestic conduits and intermediaries to avoid the disclosures of foreign gifts4 7#h7 ,between #bjaa and #bjba1 the ,russian ,federation 7hereinafter referred to as ,russia7 has given not less than #afj1jjj1jjj to universities in the ,united ,states4 ,the ,people's ,republic of ,china 7hereinafter referred to as ,china7 alone has given not less than #b1gjj1jjj1jjj to universities in the ,united ,states during the same time frame4 ,further1 during that span1 the ,state of ,qatar 7hereinafter referred to as ,qatar7 has given not less than #e1jjj1jjj1jjj to universities in the ,united ,states4 7#i7 ,russia1 ,china1 and ,qatar each have repressive and deeply troubling records relating to human rights1 and all #c have engaged in cyber espionage targeting individuals in the ,united ,states4 7#aj7 ,russia1 ,china1 and ,qatar all pose grave threats to the national security interests of the ,united ,states1 yet those countries have successfully lavished billions of dollars to cultivate strong ties with institutions of higher education and research across the ,united ,states4 7#aa7 ,there is also evidence suggesting that ,qatar encouraged1 and potentially facilitated1 universities in the ,united ,states receiving the largess of ,qatar to flout disclosure requirements of the ,united ,states under section #aag4 7#ab7 ,although the ,center for ,international ,policy conducted a study in #bjbj that concluded that think tanks focused on ,federal policy received not less than #agd1jjj1jjj in funding from foreign governmental entities between #bjad and #bjah1 there is currently no means to determine the actual level or extent of foreign influence on those think tanks4 7#ac7 ,what is clear is the vast amount of foreign funding that ,united ,states-based think tanks receive1 and that such foreign funding affects the direction of their policy recommendations4 7#ad7 ,one prominent think tank1 the ,east,west ,institute1 received substantial funding from the ,people's ,liberation ,army of ,china1 which conducts cyber espionage attacks1 including against individuals in the ,united ,states4 7#ae7 ,the ,stimson ,center worked to significantly alter the ,homeland and ,cyber ,threat ,act 7,h4,r4 #afjg1 #aagth ,congress1 as introduced on ,march #h1 #bjba7 7hereinafter referred to as the ,,hact ,act74 ,the ,,hact ,act1 which would provide an exception to chapter #ig of title #bh1 ,united ,states ,code 7commonly known as the ,foreign ,sovereign ,immunities ,act of #aigf71 to allow ,united ,states persons harmed by foreign-government sponsored cyberattacks to bring civil claims for damages4 ,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 ,states4 7#af7 ,one of the main sources of the funding of the ,stimson ,center is ,qatar1 a major sponsor of terrorism worldwide and one of the most notorious sponsors of cyberattacks against entities in the ,united ,states4 ,in #bjai alone 7the last year for which public figures are available7 the ,stimson ,center received over #fjj1jjj in contributions from the government of ,qatar4 7#ag7 ,the ,brookings ,institution has received at least #bb1jjj1jjj from ,qatar from #bjac through #bjba1 but the exact amount has not been disclosed publicly4 7#ah7 ,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 public in the ,united ,states would otherwise believe to be independent4 7#ai7 ,in a #bjjg ,establishment ,agreement between the ,brookings ,institution and the ,ministry of ,foreign ,affairs of ,qatar--which appears to have been in place in its original form through the end of #bjba--the ,doha branch of the ,brookings ,institution1 called ,brookings ,doha ,center1 was effectively owned and controlled by the ,emir of ,qatar4 ,under the terms of the contract1 the role of the ,brookings ,institution in the ,brookings ,doha ,center was limited to that of a promoter4 7#bj7 ,as only revealed publicly in ,june #bjbb1 the ,brookings ,doha ,center was a separate and distinct legal entity from the ,brookings ,institution1 specifically a ,private ,foundation for the ,public ,benefit1 the same incorporation status as the propaganda arm of ,qatar1 ,al ,jazeera4 7#ba7 ,pursuant to the #bjjg ,establishment ,agreement1 the ,director of the ,brookings ,doha ,center was required to report directly to the ,ministry of ,foreign ,affairs of ,qatar1 including to engage in regular consultation 4 4 4 regarding the development and ongoing operations and for prior approval of programs that will be developed by the ,brookings ,doha ,center44 7#bb7 ,the ,brookings ,doha ,center was renamed the ,middle ,east ,council on ,global ,affairs1 and evidence indicates that the ,middle ,east ,council on ,global ,affairs is now entirely under the control of the ,qatari ,government4 ,according to a ,january #bjbb amendment to the #bjjg articles of incorporation of the ,brookings ,doha ,center1 the ,brookings ,institution ceded the promoter role for ,brookings ,doha ,center to a senior employee of ,ministry of ,foreign ,affairs of ,qatar1 ,majed ,al-,ansari4 ,this amendment also called on the ,middle ,east ,council on ,global ,affairs to assume control of intellectual property rights that had been under the ,brookings ,institution brand1 including the content from and followers of the ,brookings,doha ,twitter account4 7#bc7 ,congress currently is unable to determine what other agreements that the ,brookings ,institution or other influential think tanks have with foreign governmental entities1 a void which has already been exploited by at least ,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 #bjjg contract1 or the transference of valuable intellectual property to the ,qatari ,government pursuant to the #bjbb amendment to the articles of incorporation of the ,middle ,east ,council on ,global ,affairs4 7#bd7 ,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 ,states4 ,there is also broad agreement that transparency is the most important and effective tool for reducing the harm of foreign influence targeting ,united ,states public policy or public opinion4 7#be7 ,as such1 this bill aims to provide critical transparency regarding the foreign funding provided to1 and the related contractual agreements with1 think tanks whose work includes influencing ,united ,states policies or public opinion4 #c4 ,contemporaneous disclosure reports 7a7 ,reporting conditions 7#a7 ,gifts1 donations1 or contributions 7,a7 ,in general ,except as provided in section #f1 a covered entity that receives a gift1 donation1 or contribution from a foreign principal during a calendar year in an aggregate amount of #aj1jjj or greater shall file a disclosure report with the ,attorney ,general in accordance with subsection 7b7 not later than #ij days after each disclosure date4 7,b7 ,disclosure date defined ,in this paragraph1 the term disclosure date means-- 7i7 the first date during any calendar year by which a covered entity has received a gift1 donation1 or contribution from a foreign principal in an aggregate amount of #aj1jjj or greater2 and 7ii7 any other date during such calendar year by which a covered entity has received a gift1 donation1 or contribution from a foreign principal in an aggregate amount of #aj1jjj or greater since the most recent disclosure date for such calendar year4 7#b7 ,contract1 memorandum of understanding1 or agreement ,except as provided in section #f1 a covered entity that enters into or modifies a contract1 memorandum of understanding1 or agreement with a foreign principal shall file a disclosure report with the ,attorney ,general in accordance with subsection 7b7 within #ij days of the entering into or modification of such contract1 memorandum1 or agreement4 7b7 ,contents of contemporaneous disclosure report 7#a7 ,gifts1 donations1 or contributions only ,the report required under subsection 7a77#a7 shall detail the following3 7,a7 ,the identities of the foreign principal and the primary point of contact of the foreign principal for engaging with the covered entity1 including the name and title of such point of contact4 7,b7 ,the date on which the foreign principal provided a gift1 donation1 or contribution to the covered entity4 7,c7 ,the aggregate dollar amount of such gift1 donation1 or contribution attributable to a particular foreign principal4 7,d7 ,a description of any conditions or restrictions regarding any of the disclosed gifts1 donations1 or contributions4 7,e7 ,the aggregate amount of such gifts1 donations1 or contributions received from each foreign principal4 7,f7 ,a description of any decisions made because of the foreign principal to the structure of the organization or to the research1 programs1 or content intended to be or actually published1 disseminated1 or promoted by the covered entity4 7#b7 ,contract1 memorandum of understanding1 or agreement only ,the report required under subsection 7a77#b7 shall detail the following3 7,a7 ,the identities of the foreign principal and the primary point of contact of the foreign principal for engaging with the covered entity1 including the name and title of such point of contact4 7,b7 ,the date on which the covered entity entered into or modified a contract1 memorandum of understanding1 or agreement with a foreign principal4 7,c7 ,copies of all written contracts1 agreements1 or memoranda of understanding the covered entity entered into or modified with any foreign principal4 7,d7 ,copies of all internal and external documents1 research materials1 and publications produced as a result of the contract1 memorandum of understanding1 or agreement4 7,e7 ,a description of any decisions made because of the foreign principal to the structure of the organization or to the research1 programs1 or content intended to be or actually published1 disseminated1 or promoted by the covered entity4 #d4 ,initial disclosure reports 7a7 ,in general ,a covered entity shall file an initial disclosure report1 in accordance with subsection 7b7 or 7c71 with the ,attorney ,general not later than #ahj days after the date of enactment of this ,act if1 during the period beginning on ,january #a of the most recent calendar year that ended before the date of enactment of this ,act and ending on the effective date of this ,act-- 7#a7 the covered entity received a gift1 donation1 or contribution from a foreign principal in an aggregate amount of #aj1jjj or greater2 7#b7 the covered entity entered into or modified a contract1 memorandum of understanding1 or agreement with a foreign principal2 or 7#c7 the covered entity had previously entered into a contract1 agreement1 or memorandum of understanding with a foreign principal that was still valid or enforceable on or after ,january #a of the most recent calendar year that ended before the date of enactment of this ,act4 7b7 ,prior gifts1 donations1 or contributions ,the report required under subsection 7a77#a7 shall detail the following3 7#a7 ,the name of the foreign principal4 7#b7 ,the country of citizenship of the foreign principal4 7#c7 ,the amount and date of such gifts1 donations1 or contributions4 7#d7 ,the description of any conditions or restrictions attached to1 or placed on1 the gifts1 donations1 or contributions4 7#e7 ,a description of any decisions made because of the foreign principal to the structure of the organization or to the research1 programs1 or content intended to be or actually published1 disseminated1 or promoted by the covered entity4 7c7 ,contract1 memorandum of understanding1 or agreement ,the report required under subsection 7a77#b7 shall detail the following3 7#a7 ,the name of the foreign principal4 7#b7 ,the country of citizenship of the foreign principal4 7#c7 ,copies of each written contract1 memorandum of understanding1 or agreement4 7#d7 ,any modification of each such written contract1 memorandum1 or agreement4 7#e7 ,the terms and conditions of each oral agreement4 7#f7 ,any modification of each such oral agreement4 7#g7 ,a comprehensive statement of-- 7,a7 the nature and method of performance of each item described in paragraphs 7#c7 through 7#f72 and 7,b7 the actions taken by the covered entity at the request or suggestion of each such foreign principal4 7#h7 ,a description of any decisions made because of the foreign principal to the structure of the organization or to the research1 programs1 or content intended to be or actually published1 disseminated1 or promoted by the covered entity4 #e4 ,briefings1 testimony1 or similar forms of presentation of research 7a7 ,labeling of written materials ,if a covered entity provides a briefing1 testimony1 or similar form of presentation of research to a member or employee of ,congress1 or to an executive branch official1 the covered entity shall identify prominently on any written materials provided to the member or employee of ,congress1 or to the executive branch official1 the name of the relevant foreign principal and the country of citizenship1 if the foreign principal is not a government1 who provided funding for such briefing1 testimony1 or similar form of presentation of research4 7b7 ,addendum to briefing1 testimony1 presentation ,in the event that no written materials are provided in a briefing1 testimony1 or similar form of presentation of research described in subsection 7a71 the covered entity shall convey the information required under subsection 7a7 in writing to the member or employee of ,congress1 or executive branch official1 before or not later than #aj days after the date of the briefing1 testimony1 or presentation4 #f4 ,relation to ,other ,reporting ,requirements 7a7 ,state reports 7#a7 ,requirements of a covered entity ,if a covered entity has its headquarters in a ,state that has enacted requirements for public disclosure of gifts1 donations1 or contributions from1 or contracts or agreements with1 a foreign principal that are substantially similar to the requirements of this ,act1 a copy of the disclosure report filed with that ,state may be filed with the ,attorney ,general in lieu of a report required under this ,act4 7#b7 ,requirements of the ,state ,the ,state in which a covered entity has its headquarters 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-mandated disclosure report is filed4 7b7 ,federal reports ,if a covered entity receives a gift1 donation1 or contribution from1 or enters into a contract or agreement with1 a foreign principal1 and if any other department1 agency1 or bureau of the executive branch requires a report containing requirements substantially similar to those required under this ,act1 a copy of the report may be filed with the ,attorney ,general in lieu of a report required under this ,act4 #g4 ,administration and ,enforcement 7a7 ,books and records 7#a7 ,retention period ,for a period of not less than #e years1 a covered entity shall retain the necessary materials required to comply with the requirements of this ,act1 including books of account1 all communications with any foreign principal1 and other records regarding the activities of the covered entity related to any contracts1 memorandum of understandings1 or agreements with1 or gifts1 donations1 or contributions from1 a foreign principal4 7#b7 ,inspection 7,a7 ,attorney ,general ,upon request of the ,attorney ,general1 each covered entity shall furnish to the ,attorney ,general all information and records in the possession of the covered entity that the ,attorney ,general may determine to be necessary to comply with the requirements under this ,act4 7,b7 ,congress ,upon request of ,congress or a committee of ,congress1 a covered entity shall furnish to ,congress or the relevant committee of ,congress such information and records as ,congress or the relevant committee of ,congress may request to determine the extent to which the covered entity is in compliance with the requirements of this ,act4 7#c7 ,publication ,any information or records furnished pursuant to paragraph 7#b77;,a7 shall be made available in the database required under subsection 7b74 7#d7 ,prohibition ,it shall be unlawful for any person willfully to conceal1 destroy1 obliterate1 mutilate1 or falsify1 or to attempt to conceal1 destroy1 obliterate1 mutilate1 or falsify1 or to cause to be concealed1 destroyed1 obliterated1 mutilated1 or falsified1 any books or records required to be kept under the provisions of this section4 7b7 ,publication ,all disclosure reports required by this ,act and the information and records required to be furnished pursuant to subsection 7a77#b77;,a7 shall be made available to the public through a database maintained on the official website of the ,department of ,justice4 7c7 ,civil monetary penalty ,any covered entity that fails to comply with the requirements of this ,act1 including any rule or regulation promulgated thereunder1 shall be subject1 in addition to any other penalties that may be prescribed by law1 to a civil money penalty of not less than #a1jjj for each day of the failure described by this ,act--during which the covered entity is in violation of this ,act4 7d7 ,civil action 7#a7 ,court orders ,whenever it appears that a covered entity has failed to comply with the requirements of this ,act1 including any rule or regulation promulgated under this ,act1 a civil action may be brought by the ,attorney ,general in an appropriate district court of the ,united ,states1 or the appropriate ,united ,states court of any territory or other place subject to the jurisdiction of the ,united ,states1 to request such court to compel compliance with the requirements of this ,act4 7#b7 ,costs ,for knowing or willful failure to comply with the requirements of this ,act1 including any rule or regulation promulgated thereunder1 a covered entity shall pay to the ,treasury of the ,united ,states the full costs to the ,united ,states of obtaining compliance1 including all associated costs of investigation and enforcement4 7e7 ,regulations ,the ,attorney ,general may promulgate such regulations as the ,attorney ,general considers necessary to implement the requirements of this ,act4 #h4 ,definitions ,in this ,act3 7#a7 ,conduct intending to directly or indirectly influence public policy or public opinion ,the term conduct intending to directly or indirectly to influence public policy or public opinion means1 with respect to a covered entity1 any activity that the covered entity engaging in believes will1 or that the covered entity intends to1 in any way influence any agency or official of the ,government of the ,united ,states1 or any section of the public within the ,united ,states1 with respect to-- 7,a7 formulating1 adopting1 or changing the domestic or foreign policies of the ,united ,states2 or 7,b7 the political or public interests1 policies1 or relations of a government of a foreign country or a foreign political party4 7#b7 ,contract ,the term contract means any agreement for the acquisition by purchase1 lease1 or barter of property or services by the foreign principal1 for the direct benefit or use of either of the parties4 7#c7 ,country of citizenship ,the term country of citizenship1 with respect to a foreign principal1 includes-- 7,a7 the principal residence for a foreign principal who is a natural person2 or 7,b7 the country of incorporation or the principal place of business for a foreign principal which is a legal entity4 7#d7 ,covered entity ,the term covered entity-- 7,a7 means a nonprofit organization or a not-for-profit social welfare organization that-- 7i7 spends more than #bj percent of the resources of the organization within any given calendar year on conduct intending to directly or indirectly influence public policy or public opinion2 or 7ii7 is affiliated with1 or is a subunit1 of an institution1 as defined in section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f71 that is subject to that section and that-- 7,i7 engages in or publishes substantial policy-related research or scholarship2 or 7,,ii7 hosts1 sponsors1 or otherwise promotes annual1 or on a more frequent basis1 events featuring reporters1 journalists1 or ,united ,states or foreign government officials2 and 7,b7 excludes-- 7i7 an institution1 as defined in section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f71 that is subject to that section2 and 7ii7 an entity organized and operated exclusively for religious purposes4 7#e7 ,foreign principal ,the term foreign principal includes-- 7,a7 a government of a foreign country or a foreign political party2 7,b7 a person outside of the ,united ,states1 unless it is established that-- 7i7 the person is an individual and a citizen of the ,united ,states2 or 7ii7 the person-- 7,i7 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 ,states2 and 7,,ii7 has its principal place of business within the ,united ,states2 and 7,c7 a partnership1 association1 corporation1 organization1 or other combination of persons organized under the laws of or having its principal place of business in a foreign country4 7#f7 ,gift1 donation1 or contribution ,the term gift1 donation1 or contribution means any gift of money1 property1 or in-kind contribution given directly or indirectly to a covered entity by a foreign principal4 7#g7 ,not-for-profit social welfare organization ,the term not-for-profit social welfare organization means an organization described in section #eja7;c77#d7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7#h7 ,nonprofit organization ,the term nonprofit organization means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7#i7 ,restricted or conditional gift or contract ,the term restricted or conditional gift or contract means any endowment1 gift1 grant1 contract1 award1 present1 or property of any kind that includes provisions regarding-- 7,a7 the employment1 assignment1 compensation1 or termination of researchers1 scholars1 or experts2 7,b7 the earmarking of funds for departments1 centers1 research or lecture programs1 or new positions for researchers1 scholars1 or experts2 7,c7 the subject matter1 nature1 or contents of research1 analysis or any information published or disseminated to officials of the ,united ,states ,federal ,government1 the media1 or the public2 or 7,d7 any other condition or expectation regarding either the ability of the foreign principal to review in advance1 approve1 veto1 or modify budgets1 programs1 events1 or presentations1 or the contents of information or materials to be published or disseminated4 #i4 ,effective date ,this ,act shall take effect on the date that is #abj days after the date of enactment of this ,act4