S.Amdt. 1893

1. Adds SEC. ___. TREATMENT OF EXEMPTIONS, RECORDKEEPING, AND CERTAIN COMMUNICATIONS UNDER FARA at the appropriate place in title III of division F

   Adds a section

   Inserted: SEC. ___. TREATMENT OF EXEMPTIONS, RECORDKEEPING, AND CERTAIN COMMUNICATIONS UNDER FARA.

   Inserted: (a) Limitation on Exemptions.--Section 3 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613), is amended--

   Inserted: (1) in each of subsections (a) through (f), by striking the semicolon at the end of the subsection and inserting a period;

   Inserted: (2) in subsection (d)--

   Inserted: (A) by striking "the provisions of the Act of November 4, 1939, as amended (54 Stat. 4), and such rules and regulations as may be prescribed thereunder" and inserting "the Neutrality Act of 1939 (22 U.S.C. 441 et seq.) (including any regulations promulgated pursuant to that Act)";

   Inserted: (B) by striking "(3) in the" and inserting the following:

   Inserted: "(C) the";

   Inserted: (C) in the matter preceding subparagraph (C) (as so designated), by striking "such foreign principal; or (2) in other" and inserting the following: "the foreign principal;

   Inserted: "(B) other"; and

   Inserted: (D) in the matter preceding subparagraph (B) (as so designated), by striking "only (1) in private" and inserting the following: "only in--

   Inserted: "(A) private";

   Inserted: (3) in subsection (f)--

   Show 76 more inserted paragraphsShow less

   Inserted: (A) by striking the second sentence and inserting the following:

   Inserted: "(B) On provision of notice to the applicable person or employee, or to the government of which a person is an agent or employee, the Attorney General, having due regard for the public interest and national defense--

   Inserted: "(i) on approval of the Secretary of State, may terminate, in whole or in part, the exemption of the person or employee under this paragraph; and

   Inserted: "(ii) on receipt of a request of the Secretary of State, shall terminate, in whole or in part, the exemption of the person or employee under this paragraph."; and

   Inserted: (B) in the first sentence--

   Inserted: (i) by striking "disclosed therein, and (3) such government" and inserting the following: "disclosed in the communication or expression; and

   Inserted: "(iii) the applicable government";

   Inserted: (ii) in the matter preceding clause (iii) (as so designated), by striking "States, (2) each" and inserting the following: "States;

   Inserted: "(ii) each";

   Inserted: (iii) in the matter preceding clause (ii) (as so designated), by striking "while, (1) such person" and inserting the following: "during the period in which--

   Inserted: "(i) the person"; and

   Inserted: (iv) in the matter preceding clause (i) (as so designated), by striking "Any person, or employee of such person," and inserting "(A) Subject to subparagraph (B), any person (or employee of a person)";

   Inserted: (4) in subsection (g), by striking "States: Provided, That for the purpose of this subsection" and inserting "States, subject to the condition that, for purposes of this subsection,";

   Inserted: (5) by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively, and indenting the paragraphs appropriately;

   Inserted: (6) by striking the section designation and heading and all that follows through "hereof" in the matter preceding paragraph (1) (as so redesignated) and inserting the following:

   Inserted: "SEC. 3. EXEMPTIONS.

   Inserted: "(a) In General.--Subject to subsection (b), the requirements of section 2(a)"; and

   Inserted: (7) by adding at the end the following:

   Inserted: "(b) Limitation for Human Rights Abuses.--The exemptions under paragraphs (3), (4), (5), and (8) of subsection (a) shall not apply to any foreign principal or agent of a foreign principal that is included on the list maintained by the Attorney General under section 5(b)(2).".

   Inserted: (b) Books and Records.--

   Inserted: (1) List of foreign principals that violate human rights.--Section 5 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 615), is amended--

   Inserted: (A) in the fourth sentence--

   Inserted: (i) by striking "the provisions of this section" and inserting "this subsection"; and

   Inserted: (ii) by striking "It shall be" and inserting the following:

   Inserted: "(4) Prohibition.--It shall be";

   Inserted: (B) in the third sentence, by striking "Such books and records" and inserting the following:

   Inserted: "(3) Availability.--The books and records required to be maintained under this subsection";

   Inserted: (C) in the second sentence, by striking "Until regulations are in effect under this section every" and inserting the following:

   Inserted: "(2) Period preceding regulations.--During the period beginning on the date of enactment of this section and ending on the date on which regulations are in effect under this section, each";

   Inserted: (D) by striking the section designation and heading and all that follows through the end of the first sentence and inserting the following:

   Inserted: "SEC. 5. BOOKS OF ACCOUNT AND RECORDS; LIST OF FOREIGN PRINCIPALS THAT VIOLATE HUMAN RIGHTS; INCLUSION OF CRYPTOCURRENCY.

   Inserted: "(a) Books of Account and Records.--

   Inserted: "(1) Requirements for agents of foreign principals.--Subject to paragraph (2), each agent of a foreign principal that is registered under this Act shall--

   Inserted: "(A) maintain, during the period of service as an agent of a foreign principal, all books of account and other records with respect to the activities of the agent of a foreign principal the disclosure of which is required under this Act, in accordance with such business and accounting practices as the Attorney General, having due regard for the national security and the public interest, determines, by regulation, to be necessary or appropriate for the enforcement of this Act; and

   Inserted: "(B) preserve the books and records described in subparagraph (A) for a period of not less than 3 years after the date of termination of the status of the agent as an agent of a foreign principal."; and

   Inserted: (E) by adding at the end the following:

   Inserted: "(b) List of Foreign Principals That Violate Human Rights.--

   Inserted: "(1) Furnishment by state department.--

   Inserted: "(A) In general.--The Secretary of State shall provide to the Attorney General a list of, and any relevant information relating to, each foreign principal that is prohibited from receiving assistance under--

   Inserted: "(i) part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of section 116 of that Act (22 U.S.C. 2151n); or

   Inserted: "(ii) part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) by reason of the application of section 502B of that Act (22 U.S.C. 2304).

   Inserted: "(B) Updates.--The Secretary of State shall update the list and any related information under subparagraph (A) as the Secretary determines to be necessary and appropriate.

   Inserted: "(2) Maintenance by attorney general.--The Attorney General shall, for purposes of this Act--

   Inserted: "(A) use the list and any related information provided by the Department of State under paragraph (1) to maintain a list of all foreign principals described in paragraph (1)(A); and

   Inserted: "(B) share with the Secretary of State any relevant information relating to a foreign principal included on that list.".

   Inserted: (2) Inclusion of cryptocurrency.--Section 5 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 615) (as amended by paragraph (1)), is amended by adding at the end the following:

   Inserted: "(c) Inclusion of Cryptocurrency.--Notwithstanding any other provision of law, any reference contained in this Act to any type of loan or payment (including a disbursement, compensation, financing, a subsidy, a contribution, a subscription, aid, assistance, a fee, a charge, a fine, furnishment, or remuneration), funds (including accounts, money, income, or amounts), a thing of value, trade, or commerce shall include the use, in the applicable transaction, of cryptocurrency.".

   Inserted: (3) Conforming amendments.--Section 7 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 617), is amended--

   Inserted: (A) in the third sentence--

   Inserted: (i) by striking "any such agent" and inserting "any organization acting as an agent"; and

   Inserted: (ii) by striking "In case" and inserting the following:

   Inserted: "(2) Liable persons.--In the case";

   Inserted: (B) in the second sentence, by striking "Dissolution" and inserting the following:

   Inserted: "(b) Organizations as Agents.--

   Inserted: "(1) In general.--The dissolution"; and

   Inserted: (C) in the first sentence--

   Inserted: (i) by striking "as and when such filing is required under sections 2(a) and 2(b) hereof" and inserting "in any case in which such a filing is required under subsection (a) or (b) of section 2,";

   Inserted: (ii) by striking "and 5" and inserting "and 5(a)"; and

   Inserted: (iii) by striking the section designation and all that follows through "Each officer" and inserting the following:

   Inserted: "SEC. 7. LIABILITY OF OFFICERS.

   Inserted: "(a) In General.--Each officer".

   Inserted: (c) Applicability.--Section 9 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 619), is amended--

   Inserted: (1) by striking the section designation and heading and all that follows through "This Act" and inserting the following:

   Inserted: "SEC. 9. APPLICABILITY OF ACT.

   Inserted: "(a) In General.--This Act"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(b) Limited-character Electronic Media Communications.--

   Inserted: "(1) In general.--Notwithstanding any other provision of law, each disclosure, filing, and statement (including a statement for purposes of labeling under section 4) required to be made by a foreign principal under this Act (including regulations) shall be required to accompany any text, message, statement, or other communication of an agent of a foreign principal through a limited-character electronic medium, such as--

   Inserted: "(A) a banner ad; or

   Inserted: "(B) any other social media platform in which a character limitation normally would prevent such a communication from including a disclaimer or label on the same Internet webpage or electronic platform as the communication.

   Inserted: "(2) Universal symbol or character.--

   Inserted: "(A) In general.--As soon as practicable after the date of enactment of this subsection, the Attorney General shall develop a universal symbol or character for use in indicating that a disclosure, filing, or statement under paragraph (1) is required to accompany a communication described in that paragraph.

   Inserted: "(B) Publication.--The Attorney General shall make publicly available the meaning of the character or symbol developed under subparagraph (A) for purposes of--

   Inserted: "(i) the enforcement of this Act; and

   Inserted: "(ii) public awareness, generally.

   Inserted: "(3) Enforcement.--The Attorney General may carry out such actions as the Attorney General determines to be necessary and appropriate to enforce the requirements of this subsection.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

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

Read automatically from the Congressional Record. Check the original before relying on it.

As printed