S.Amdt. 4459

SA 4459. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. TREATMENT OF EXEMPTIONS AND RECORDKEEPING UNDER
FARA.

(a) Limitation on Exemptions.--Section 3 of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 613),
is amended, in the matter preceding subsection (a), by
inserting ``, except that the exemptions under subsections
(d)(1) and (h) shall not apply to any agent of a foreign
principal that is included on the list maintained by the
Assistant Secretary of Commerce for Communications and
Information under section 5(b)'' before the colon.
(b) Books and Records.--
(1) List of agents of foreign adversaries.--Section 5 of
the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 615), is amended--

[[Page S7949]]

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

``SEC. 5. BOOKS OF ACCOUNT AND RECORDS; LIST OF AGENTS OF
FOREIGN ADVERSARIES.

``(a) Books of Account and Records.--Except as otherwise
provided in this subsection, each agent of a foreign
principal that is registered under this Act shall 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
preserve those books and records 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
(B) by adding at the end the following:
``(b) List of Agents of Foreign Adversaries.--The Assistant
Secretary of Commerce for Communications and Information
shall establish a list of, and any relevant information
relating to, each agent of a foreign principal that is a
foreign adversary (as defined in section 8(c) of the Secure
and Trusted Communications Networks Act of 2019 (47 U.S.C.
1607(c))). The Assistant Secretary of Commerce for
Communications and Information shall update and maintain the
list and any related information under this subsection as the
Assistant Secretary determines to be necessary and
appropriate.''.
(2) Conforming amendment.--Section 7 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 617), is
amended, in the first sentence, by striking ``and 5'' and
inserting ``and 5(a)''.
(c) National Telecommunications and Information
Administration Program Modification.--Section 8(a)(2) of the
Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1607(a)(2)) is amended--
(1) in subparagraph (C)(ii), by striking ``and'' at the
end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:

``(E) notwithstanding paragraph (3), periodically submit to
the Attorney General a list of, and any relevant information
relating to, each foreign adversary identified for purposes
of the program.''.
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