US parties unite against FCRA tweaks as Capitol Hill raises concerns

Members of both the Democratic and Republican parties in the U.S. Congress have voiced growing criticism over proposed changes to India's Foreign Contribution Regulation Act (FCRA). These lawmakers believe the amendments could adversely affect civil society groups, particularly Christian organizations, by limiting their access to foreign funds and potentially leading to the seizure of their assets.

Senator James Risch, chairman of the Senate Foreign Relations Committee, described the proposed amendments as "deeply concerning" in a statement. He further elaborated that India's FCRA imposes "onerous and opaque constraints on non-governmental organizations and groups that receive foreign funding, making their daily operations nearly impossible." Risch added that any attempt to use FCRA as a pretext to "expand persecution or harassment of U.S.-linked Christian ministries by seizing their funds or property would be deeply concerning."

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India’s Foreign Contribution Regulation Act imposes onerous and opaque constraints on non-governmental organizations and groups that receive foreign funding, making their daily operations nearly impossible. Any efforts to use FCRA as an excuse to expand persecution or harassment of U.S.-linked Christian ministries by seizing their funds or property would be deeply concerning.

Members of the Democratic Party, speaking anonymously, echoed these concerns. One Democratic congressional aide stated that Congress has raised concerns on a bipartisan basis about the potential impact of the FCRA on civil society. The aide specifically noted that a significant expansion of the act, granting authorities sweeping powers to seize assets of organizations that lose their FCRA licenses, would raise serious questions. The aide emphasized that shared democratic principles and strong people-to-people ties, supported by a vibrant civil society, are key to the U.S.-India partnership.

Capitol Hill sources indicated that several elected representatives are privately raising these issues and seeking more details. Meanwhile, Indian diplomats have asserted that the proposed amendments will not have an undue impact on legal and legitimate organizations that receive foreign funds in India. These concerns arise after a persistent campaign by U.S.-based Christian groups regarding the amendment bill to the 2020 FCRA, which was introduced in India's Lok Sabha in March. The bill aims to add greater specificity to the management of foreign contributions and assets derived from them, following the original act's provision allowing the government to cancel an entity's FCRA license and vest its assets and foreign contributions with a specified authority.

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On a bipartisan basis, Congress has raised concerns about the potential impact the Foreign Contribution (Regulation) Act could have on civil society. A significant expansion, particularly granting authorities sweeping power to seize the assets of organizations that lose their FCRA licenses, would raise serious questions. Our shared democratic principles and strong people-to-people ties are key elements of the U.S.-India partnership, and both are supported by a vibrant civil society.