Members of both the Democratic and Republican parties on Capitol Hill have begun to voice increasing criticism of proposed changes to India’s Foreign Contribution Regulatory Act (FCRA) that they believe could negatively impact civil society groups — including Christian organizations — by blocking access to foreign funds and seizing their assets. Senator James Risch, who chairs the influential Senate Foreign Relations Committee, called the proposed amendments “deeply troubling” in a statement to HT. Democratic Party members, who spoke to HT anonymously, also raised concerns about the impact of the amendment on civil society.
“India’s Foreign Contribution Regulation Act imposes onerous and vague restrictions on NGOs and groups receiving foreign funding, making their day-to-day operations nearly impossible. Any efforts to use the FCRA as a pretext to expand persecution or harassment of US-linked Christian ministries by seizing their money or property would be deeply troubling,” Senator Risch told HT in response to a query.
“President Trump has made protecting Americans and promoting religious freedom a priority of his administration, and the United States will not hesitate to attack countries that violate the internationally recognized human rights of Christians and other religious groups around the world,” added Risch, who has represented Idaho in the U.S. Senate since 2009.
Members of the Democratic Party, currently in opposition, also expressed concern about the proposed amendments.
“On a bipartisan basis, Congress has raised concerns about the potential impact the Foreign Contribution (Regulation) Act could have on civil society. A major expansion, especially giving authorities sweeping power to seize assets of organizations that lose their FCRA licences, would raise serious questions,” a Democratic Congress aide told HT. “Our shared democratic principles and strong people-to-people relationships are essential elements of the US-India partnership, both supported by a vibrant civil society.”
People on Capitol Hill told HT that a number of elected representatives have begun raising the issue privately while searching for more details. For their part, Indian diplomats stressed that the proposed amendments will not have an undue impact on legal and legitimate organizations receiving foreign funds in India.
These growing concerns on Capitol Hill come after a sustained campaign by Christian groups in the US regarding the Foreign Contribution Regulation Amendment Bill, 2020, which was introduced in the Lok Sabha in March. Under the original law, the Indian government may revoke the FCRA license of a particular entity and vest the entity’s assets and foreign shareholding to a specified authority. The draft law adds greater privacy to the management of these contributions and the resulting foreign assets. In cases where FCRA licenses are not renewed, the foreign shareholding and assets of any entity will “temporarily” vest in the “designated authority” notified by the Central Government. The Authority may use foreign contributions to manage the assets of the concerned entity. If any person or entity is unable to secure a new registration within a specified period, foreign assets and contributions will remain permanently in the hands of the authority, which must use them for public purposes. Assets could, for example, be transferred to central, state or local government ministries and agencies, according to an analysis by PRS Legislative Research.
Muslim and Christian groups have raised concerns about the proposed amendments. The Catholic Bishops’ Conference of India has warned against the stringency of the proposed regulations, which it says could lead to excessive interference in the operations of minority institutions. CBCI described the amendments as “dangerous” and “worrying.” These concerns have resonated with US-based Christian groups, which have raised the issue in the press and on Capitol Hill with elected representatives.
Their efforts have met with some success. Last month, Congressman Chris Smith published an op-ed ahead of Secretary of State Marco Rubio’s visit to India urging the latter to convince the Indian government to do away with the proposed amendments.
“Establishing such a partnership will be a delicate undertaking – we must have genuine respect for each other’s cultures and be truly willing to learn from each other. However, it is difficult to see how this relationship could develop if the government of India passed legislation aimed at expropriating the property of Indian Christians,” Smith wrote in the Washington Examiner.
