[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S2803-S2804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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).''.
                                 ______