[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 337 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 337
To amend the Foreign Agents Registration Act of 1938 to clarify the
application to informational materials posted on online platforms by
agents of foreign principals of the disclaimer requirements applicable
under such Act to informational materials transmitted by agents of
foreign principals through the United States mails, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
January 15, 2021
Ms. Spanberger (for herself and Mr. Katko) introduced the following
bill; which was referred to the Committee on the Judiciary
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A BILL
To amend the Foreign Agents Registration Act of 1938 to clarify the
application to informational materials posted on online platforms by
agents of foreign principals of the disclaimer requirements applicable
under such Act to informational materials transmitted by agents of
foreign principals through the United States mails, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Agent Disclaimer Enhancement
Act of 2021'' or the ``FADE Act of 2021''.
SEC. 2. DISCLAIMER REQUIREMENTS FOR MATERIALS POSTED ON ONLINE
PLATFORMS BY AGENTS OF FOREIGN PRINCIPALS ON BEHALF OF
CLIENTS.
(a) Method and Form of Disclaimer; Preservation of Disclaimers by
Certain Social Media Platforms.--
(1) Requirements described.--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 be unlawful'' and
inserting ``(b)(1) It shall be unlawful''; and
(B) by adding at the end the following new
paragraph:
``(2) In the case of informational materials for or in the
interests of a foreign principal which are transmitted or caused to be
transmitted by an agent of a foreign principal by posting on an online
platform, the agent shall ensure that the conspicuous statement
required to be placed in such materials under this subsection is placed
directly with the material posted on the platform and is not accessible
only through a hyperlink or other reference to another source.
``(3) If the Attorney General determines that the application of
paragraph (2) to materials posted on an online platform is not feasible
because the length of the conspicuous statement required to be placed
in materials under this subsection makes the inclusion of the entire
statement incompatible with the posting of the materials on that
platform, an agent may meet the requirements of paragraph (2) by
ensuring that an abbreviated version of the statement, stating that the
materials are distributed by a foreign agent on behalf of a clearly
identified foreign principal, is placed directly with the material
posted on the platform.
``(4) An online platform on which informational materials described
in paragraph (2) are posted shall ensure that the conspicuous statement
described in such paragraph (or, if applicable, the abbreviated
statement described in paragraph (3)) is maintained with such materials
at all times, including after the material is shared in a social media
post on the platform, but only if the platform has 50,000,000 or more
unique monthly United States visitors or users for a majority of months
during the 12 months preceding the dissemination of the materials.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Attorney General has promulgated regulations to carry out such
amendments prior to the expiration of such period.
(b) Application of Requirements to Persons Outside the United
States.--
(1) In general.--Section 4(b)(1) of such Act (22 U.S.C.
614(b)(1)), as amended by subsection (a), is amended by
striking ``any person within the United States'' and inserting
``any person''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Attorney General has promulgated regulations to carry out such
amendments prior to the expiration of such period.
(c) Requirements for Online Platforms Disseminating Informational
Materials Transmitted by Agents of Foreign Principals.--
(1) In general.--Section 4 of such Act (22 U.S.C. 614) is
amended by adding at the end the following new subsection:
``(g) If the Attorney General determines that an agent of a foreign
principal transmitted or caused to be transmitted informational
materials on an online platform for or in the interests of the foreign
principal and did not meet the requirements of subsection (b)(2)
(relating to the conspicuous statement required to be placed in such
materials)--
``(1) the Attorney General shall notify the online
platform; and
``(2) the online platform shall remove such materials and
use reasonable efforts to inform recipients of such materials
that the materials were disseminated by a foreign agent on
behalf of a foreign principal.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act.
(d) Definition.--Section 1 of such Act (22 U.S.C. 611) is amended
by inserting after subsection (i) the following new subsection:
``(j) The term `online platform' means any public-facing website,
web application, or digital application (including a social network, ad
network, or search engine).''.
SEC. 3. CLARIFICATION OF TREATMENT OF INDIVIDUALS WHO ENGAGE WITH THE
UNITED STATES IN POLITICAL ACTIVITIES FOR A FOREIGN
PRINCIPAL IN ANY PLACE AS AGENTS OF FOREIGN PRINCIPALS.
Section 1(c)(1)(i) of the Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after
``United States'' the following: ``(whether within or outside of the
United States)''.
SEC. 4. ANALYSIS AND REPORT ON CHALLENGES TO ENFORCEMENT OF FOREIGN
AGENTS REGISTRATION ACT OF 1938.
(a) Analysis.--The Attorney General shall conduct an analysis of
the legal, policy, and procedural challenges to the effective
enforcement of the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 611 et seq.).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report on the analysis conducted under subsection (a), and shall
include in the report such recommendations, including recommendations
for revisions to the Foreign Agents Registration Act of 1938, as the
Attorney General considers appropriate to promote the effective
enforcement of such Act.
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