New Senate bill aims to protect privacy for charitable donors following pregnancy center case

WASHINGTON (OSV News) — A bill reintroduced in the Senate May 14 would increase penalties for the unlawful disclosure of data identifying donors who contribute to nonprofit organizations, its authors said.

The legislation’s reintroduction comes shortly after the U.S. Supreme Court allowed First Choice Women’s Resource Centers, a group of faith-based pregnancy centers in New Jersey, to challenge in federal court a probe by the state’s attorney general seeking information about their donors.

The Protecting Charitable Giving Act, introduced by Sens. Todd Young, R-Ind., and James Lankford, R-Okla., would increase the penalty for “willful disclosure” of the identities of donors to tax-exempt organizations from its current cap of $5,000 to between $10,000 and $250,000.

It would also expand the jurisdiction of prosecution for such disclosures to include the judicial district where the alleged victim resides. Young’s office argued this would help ensure all cases are subject to a fair trial.

It was not immediately clear if the bill would be taken up by the Senate; a previous version was introduced in 2024.

“Anonymous giving has long been a way for Americans to support philanthropic organizations that rely on generous charitable contributions. In recent years, donor privacy has been threatened on too many occasions,” Young said in a May 14 statement. “This legislation will address the disclosure of donor data to better protect both charitable organizations and their donors.”

In a press statement announcing the reintroduction of the bill, Lankford’s office noted that in an effort to verify the legitimacy of tax-exempt organizations, the Internal Revenue Service requires nonprofit charitable organizations to collect the names and addresses of all major donors. However, this donor information is considered sensitive and is not subject to disclosure.

They argued that states like California and New York have sought to foreclose the disclosure of such information, citing a 2021 decision by the U.S. Supreme Court striking down a California law to that effect. The high court found it violated the First Amendment.

“Nonprofits and their donors are an essential safety net for our communities — providing food, housing, and care to those who need it most. Oklahomans shouldn’t worry about their identities being made public after they provide a donation to a charitable organization. Millions of donors want to do something good without being recognized. We should honor their privacy as they care for others,” Lankford added in his own statement May 14.

Young and Lankford said groups including Philanthropy Roundtable and the conservative Americans for Prosperity support the bill.

In its own statement, Philanthropy Roundtable cited the First Choice case as an example of threats to donor privacy.

“The right to give how, when and where donors choose, free from the fear of persecution and retaliation, is essential to safeguarding the free association that strengthens our society,” Christie Herrera, that organization’s president and CEO, said in a statement.

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