[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3296-S3297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1893. Mr. CORNYN submitted an amendment intended to be proposed by
him 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. ___. TREATMENT OF EXEMPTIONS, RECORDKEEPING, AND CERTAIN
COMMUNICATIONS 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--
(1) in each of subsections (a) through (f), by striking the
semicolon at the end of the subsection and inserting a
period;
(2) in subsection (d)--
(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)'';
(B) by striking ``(3) in the'' and inserting the following:
``(C) the'';
(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;
``(B) other''; and
(D) in the matter preceding subparagraph (B) (as so
designated), by striking ``only (1) in private'' and
inserting the following: ``only in--
``(A) private'';
(3) in subsection (f)--
(A) by striking the second sentence and inserting the
following:
``(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--
``(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
``(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
(B) in the first sentence--
(i) by striking ``disclosed therein, and (3) such
government'' and inserting the following: ``disclosed in the
communication or expression; and
``(iii) the applicable government'';
(ii) in the matter preceding clause (iii) (as so
designated), by striking ``States, (2) each'' and inserting
the following: ``States;
[[Page S3297]]
``(ii) each'';
(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--
``(i) the person''; and
(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)'';
(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,'';
(5) by redesignating subsections (a) through (h) as
paragraphs (1) through (8), respectively, and indenting the
paragraphs appropriately;
(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:
``SEC. 3. EXEMPTIONS.
``(a) In General.--Subject to subsection (b), the
requirements of section 2(a)''; and
(7) by adding at the end the following:
``(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).''.
(b) Books and Records.--
(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--
(A) in the fourth sentence--
(i) by striking ``the provisions of this section'' and
inserting ``this subsection''; and
(ii) by striking ``It shall be'' and inserting the
following:
``(4) Prohibition.--It shall be'';
(B) in the third sentence, by striking ``Such books and
records'' and inserting the following:
``(3) Availability.--The books and records required to be
maintained under this subsection'';
(C) in the second sentence, by striking ``Until regulations
are in effect under this section every'' and inserting the
following:
``(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'';
(D) 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 FOREIGN
PRINCIPALS THAT VIOLATE HUMAN RIGHTS; INCLUSION
OF CRYPTOCURRENCY.
``(a) Books of Account and Records.--
``(1) Requirements for agents of foreign principals.--
Subject to paragraph (2), each agent of a foreign principal
that is registered under this Act shall--
``(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
``(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
(E) by adding at the end the following:
``(b) List of Foreign Principals That Violate Human
Rights.--
``(1) Furnishment by state department.--
``(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--
``(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
``(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).
``(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.
``(2) Maintenance by attorney general.--The Attorney
General shall, for purposes of this Act--
``(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
``(B) share with the Secretary of State any relevant
information relating to a foreign principal included on that
list.''.
(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:
``(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.''.
(3) Conforming amendments.--Section 7 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 617), is
amended--
(A) in the third sentence--
(i) by striking ``any such agent'' and inserting ``any
organization acting as an agent''; and
(ii) by striking ``In case'' and inserting the following:
``(2) Liable persons.--In the case'';
(B) in the second sentence, by striking ``Dissolution'' and
inserting the following:
``(b) Organizations as Agents.--
``(1) In general.--The dissolution''; and
(C) in the first sentence--
(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,'';
(ii) by striking ``and 5'' and inserting ``and 5(a)''; and
(iii) by striking the section designation and all that
follows through ``Each officer'' and inserting the following:
``SEC. 7. LIABILITY OF OFFICERS.
``(a) In General.--Each officer''.
(c) Applicability.--Section 9 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 619), is
amended--
(1) by striking the section designation and heading and all
that follows through ``This Act'' and inserting the
following:
``SEC. 9. APPLICABILITY OF ACT.
``(a) In General.--This Act''; and
(2) by adding at the end the following:
``(b) Limited-character Electronic Media Communications.--
``(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--
``(A) a banner ad; or
``(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.
``(2) Universal symbol or character.--
``(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.
``(B) Publication.--The Attorney General shall make
publicly available the meaning of the character or symbol
developed under subparagraph (A) for purposes of--
``(i) the enforcement of this Act; and
``(ii) public awareness, generally.
``(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.''.
______