S.Amdt. 1557

SA 1557. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title III of division F,
insert the following:

SEC. ____. MODIFICATION OF FARA DISCLOSURE REQUIREMENTS.

(a) Short Title.--This section may be cited as the
``Democracy Dies in Darkness Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) foreign governments abuse paid supplements, including
paid supplements in the form of newspaper inserts, to
propagate disinformation to audiences in the United States
through the information infrastructure of the United States;
(2) the conspicuous statement required under section 4(b)
of the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 614(b)), plays an important role in upholding the
freedom of speech by--
(A) clearly distinguishing the author of informational
material for readers; and
(B) making the readers of certain informational materials
aware that the informational material is paid content; and
(3) regulations in effect on the date of enactment of this
Act allow foreign principals to place a conspicuous statement
described in paragraph (2) in an area that is less likely to
be viewed by readers, thereby defeating the purpose of the
conspicuous statement.
(c) Amendments to FARA.--
(1) Definitions.--
(A) In general.--Section 1 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611), is
amended--
(i) by striking subsection (l);
(ii) in each of subsections (a), (d), (e), (f), (g), (h),
(i), (k), (m), (n), and (o), by striking the semicolon at the
end of the subsection and inserting a period;
(iii) in subsection (c)--

(I) in paragraph (2), by striking ``clause (1) of this
subsection'' and inserting ``subparagraph (A)'';
(II) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately; and
(III) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``Expect as provided in subsection
(d) hereof, the'' and inserting the following:

``(c) Agent of a Foreign Principal.--
``(1) In general.--The'';
(iv) in subsection (d)--

(I) by striking ``3611'' and inserting ``3685'';
(II) by striking ``defined in section 1(b) hereof''; and
(III) by striking ``(d) The term'' and inserting the
following:

``(2) Exclusions.--The term'';
(v) in subsection (g), by striking ``Public'' and inserting
``public'';
(vi) in subsection (k), by striking ``hereof'' each place
it appears;
(vii) in subsection (o), by striking ``activities'' and
inserting ``activity'';
(viii) by redesignating subsections (e), (f), (g), (h),
(i), (k), (m), (n), (o), and (p), as subsections (d) through
(m), respectively;
(ix) in each of subsections (a), (b), and (d) through (m)
(as so redesignated), by inserting a subsection heading, the
text of which is comprised of the term defined in that
subsection; and
(x) by adding at the end the following:
``(n) Paid Publication Supplement.--The term `paid
publication supplement' means any informational material for
which an agent of a foreign principal makes a payment to be
included as a part of, inserted within, or attached to, a
covered publication based in the United States.
``(o) Covered Publication.--
``(1) In general.--The term `covered publication' means any
print or digital--
``(A) news publication;
``(B) magazine;
``(C) journal; or
``(D) informational publication.
``(2) Inclusions.--The term `covered publication' includes
any blog or social media website that displays
advertisements.''.
(B) Conforming amendments.--
(i) Section 5210(4) of the Competitiveness Policy Council
Act (15 U.S.C. 4809(4)) is amended by striking ``is defined''
and all that follows through the period at the end of the
paragraph and inserting ``has the meaning given the term in
subsection (c) of section 1 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611), subject to the
exemptions described in section 3 of that Act (22 U.S.C.
613).''.
(ii) Section 722(d) of the Communications Act of 1934 (47
U.S.C. 624(d)) is amended--

(I) in paragraph (1), by striking ``(b)(1)'' each place it
appears; and
(II) in paragraph (2)(B), by striking ``section 1(d) of
such Act (22 U.S.C. 611(d))'' and inserting ``subsection
(c)(2) of section 1 of that Act (22 U.S.C. 611)''.

(iii) Section 304(c)(3) of the National Security Act of
1947 (50 U.S.C. 3073a(c)(3)) is amended by striking ``(e)''
each place it appears.

[[Page S2804]]

(2) Conspicuous statements.--Section 4(b) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C.
614(b)), is amended--
(A) by striking ``(b) It shall'' and inserting the
following:
``(b) Conspicuous Statements Required.--
``(1) In general.--It shall'';
(B) in paragraph (1) (as so designated), in the second
sentence, by striking ``The Attorney General'' and inserting
the following:
``(2) Defining conspicuous statements.--
``(A) In general.--Subject to the requirements of this
paragraph, the Attorney General''; and
(C) in paragraph (2) (as so designated), by adding at the
end the following:
``(B) Informational materials.--A conspicuous statement
required to be placed in any informational material under
this subsection shall--
``(i) be clearly readable;
``(ii) have a font color that contrasts with the background
color; and
``(iii) be placed at the top of the first page of the
informational material.
``(C) Paid publication supplements.--
``(i) In general.--Any informational material that is a
paid publication supplement shall include the following
disclosure as a part of the conspicuous statement required
under this subsection: `This supplement was paid for, and
prepared on behalf of, [name of agent of foreign principal],
an official publication of [name of foreign principal].' (The
blank space being appropriately filled in).
``(ii) Certain covered publications.--If a covered
publication in which any informational material that is a
paid publication supplement is published is not involved in
the creation of the paid publication supplement, the
disclosure required under clause (i) shall include the
following statement: `[Name of covered publication] was not
involved in the creation of this supplement.' (The blank
space being appropriately filled in).''.
______