[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.''.
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