[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7264 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7264
To amend the Foreign Agents Registration Act of 1938 to treat certain
tax-exempt organizations receiving funding from Russian foreign
principals as agents of a foreign principal under such Act, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2022
Mr. Budd (for himself, Mr. Weber of Texas, Mr. Perry, Mrs. Miller of
Illinois, Mrs. Boebert, Mr. Duncan, Mr. Clyde, Mr. Babin, Mr. Roy, and
Mr. Tiffany) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Foreign Agents Registration Act of 1938 to treat certain
tax-exempt organizations receiving funding from Russian foreign
principals as agents of a foreign principal under such Act, 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 ``Countering Russian Influence in our
Politics Act of 2022''.
SEC. 2. COVERAGE OF CERTAIN TAX-EXEMPT ORGANIZATIONS RECEIVING FUNDING
FROM RUSSIAN FOREIGN PRINCIPALS UNDER FOREIGN AGENTS
REGISTRATION ACT.
(a) Coverage.--The Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.) is amended--
(1) by redesignating sections 12, 13, and 14 as sections
13, 14, and 15, respectively; and
(2) by inserting after section 11 the following:
``SEC. 12. APPLICABILITY TO CERTAIN TAX-EXEMPT ORGANIZATIONS RECEIVING
FUNDING FROM RUSSIAN FOREIGN PRINCIPALS.
``(a) Applicability.--
``(1) In general.--Subject to the provisions of this
section, for the purposes of this Act an organization described
in subsection (b) is an agent of a foreign principal.
``(2) Exceptions.--
``(A) Nonapplication of waiver for entities filing
reports under lobbying disclosure act of 1995.--Section
3(h) shall not apply to an organization described in
subsection (b)(1) and (b)(2).
``(B) Waiver for organizations soliciting funds
outside united states for humanitarian assistance.--
Section 3(d)(3) shall apply to an organization
described in subsection (b) notwithstanding that the
organization solicits and collects funds and
contributions outside of the United States.
``(b) Description.--An organization is described in this subsection
if--
``(1) the organization is a partnership, association,
corporation, organization, or any other combination of
individuals described in section 501(c)(3), 501(c)(4),
501(c)(5), or 501(c)(6) of the Internal Revenue Code of 1986
and exempt from taxation under such Code;
``(2) the organization receives income, money, or any other
thing of value from a Russian foreign principal; and
``(3) the organization is not otherwise considered an agent
of a foreign principal under section 1.
``(c) Definitions.--As used in this section--
``(1) The term `Russian foreign principal' includes--
``(A) the government of the Russian Federation;
``(B) a political party of the Russian Federation;
``(C) a national of the Russian Federation;
``(D) a partnership, association, corporation,
organization or other combination of persons organized
under the laws of or having its principal place of
business in the Russian Federation; or
``(E) a partnership, association, corporation,
organization or other combination of persons organized
under the laws of or having its principal place of
business in a foreign country other than the Russian
Federation that receives more than half of its funding
from an entity described in subparagraphs (A) through
(D).
``(2) The term `government of the Russian Federation'
includes any person or group of persons exercising sovereign de
facto or de jure political jurisdiction over the Russian
Federation, or over any part of such country, and includes any
subdivision of any such group and any group or agency to which
such sovereign de facto or de jure authority or functions are
directly or indirectly delegated. Such term shall include any
faction or body of insurgents within such country, or a faction
or body of insurgents recognized by the Russian Federation that
are in another country assuming to exercise governmental
authority whether such faction or body of insurgents has or has
not been recognized by the United States.
``(3) The term `political party of the Russian Federation'
includes any organization or any other combination of
individuals in the Russian Federation, or any unit or branch
thereof, having for an aim or purpose, or which is engaged in
any activity devoted in whole or in part to, the establishment,
administration, control, or acquisition of administration or
control of the government of the Russian Federation or
subdivision thereof, or the furtherance or influencing of the
political or public interests, policies, or relations of a
government of the Russian Federation or a subdivision
thereof.''.
(b) Modification of Contents of Reports.--Section 2(a) of such Act
(22 U.S.C. 612(a)) is amended--
(1) in paragraph (4)--
(A) by striking ``Copies'' and inserting ``(A)
Except as provided in subparagraph (B), copies''; and
(B) by adding at the end the following:
``(B) In the case of an organization described in section
12(b), a statement that the registrant is an agent of a foreign
principal pursuant to section 12(a), copies of each written
agreement, and the terms and conditions of each oral agreement,
including all modifications of such agreements, or, where no
contract exists, a full statement of the existing and proposed
activity or activities engaged in or to be engaged in by the
registrant as a direct or indirect result of receiving income,
money, or any other thing of value from a Russian foreign
principal (as defined in section 12(c)(1)), including a
detailed statement of any such activity which is a political
activity.''; and
(2) in paragraph (9)--
(A) by striking ``Copies'' and inserting ``(A)
Except as provided in subparagraph (B), copies''; and
(B) by adding at the end the following:
``(B) In the case of an organization described in section
12(b), a statement that the registrant is an agent of a foreign
principal pursuant to section 12(a), copies of each written
agreement and the terms and conditions of each oral agreement,
including all modifications of such agreements, or, where no
contract exists, a full statement of the existing and proposed
activity or activities engaged in or to be engaged in by the
registrant as a direct or indirect result of receiving income,
money, or any other thing of value from a Russian foreign
principal (as defined in section 12(c)(1)) or for any person
other than a foreign principal any activities which require his
registration hereunder.''.
(c) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of the enactment of this Act.
SEC. 3. DISCLOSURE OF RECEIPTS AND ACTIVITIES BY CERTAIN ORGANIZATIONS
SINCE THE RUSSIAN FEDERATION'S INVASION OF CRIMEA.
(a) Applicability to Prior Receipts.--Not later than 90 days after
the date of enactment of this Act, a qualifying organization shall
submit a statement to the Attorney General containing the following
information:
(1) The organization's current name, principal business
address, and all other business addresses in the United States
or elsewhere.
(2) If the organization is a partnership, the current name,
residence addresses, and nationality of each partner and a true
and complete copy of its articles of copartnership; if an
association, corporation, organization, or any other
combination of individuals, the current name, residence
addresses, and nationality of each current director and officer
and of each person performing the functions of a director or
officer and a true and complete copy of its charter, articles
of incorporation, association, constitution, and bylaws, and
amendments thereto; a copy of every other instrument or
document and a statement of the terms and conditions of every
oral agreement relating to its organization, powers, and
purposes; and a statement of its ownership and control.
(3) Copies of each written agreement, and the terms and
conditions of each oral agreement, including all modifications
of such agreements, or, where no contract exists, a full
statement of the activities engaged in by the organization as a
direct or indirect result of receiving on or after February 1,
2014, income, money, or any other thing of value from a Russian
foreign principal, including a detailed statement of any such
activity which is a political activity.
(4) A detailed statement of the money and other things of
value spent or disposed of by the qualifying organization as a
direct or indirect result of receiving on or after February 1,
2014, income, money, or any other thing of value from a Russian
foreign principal, and a detailed statement of any independent
expenditures, contributions of money, or other things of value
(regardless of source) made on or after February 1, 2014,
(other than contributions the making of which is prohibited
under the terms of section 613 of title 18, United States Code)
in connection with an election to any political office or in
connection with any primary election, convention, or caucus
held to select candidates for any political office.
(5) Such other statements, information, or documents
pertinent to the purposes of this Act as the Attorney General,
having due regard for the national security and the public
interests of the United States, may require.
(6) Such further statements and such further copies of
documents as are necessary to make the statement and
supplements thereto, and the copies of documents furnished
therewith, not misleading.
(b) Exception for Discontinued Entities.--Subsection (a) does not
apply to a qualifying organization that has permanently ceased
operations on or before the date of enactment of this Act.
(c) Penalty.--A qualifying organization that knowingly fails to
submit the statement required under subsection (a) shall be fined not
more than $10,000.
(d) Clarifying Registration Requirement Under FARA.--Nothing in
this section shall be construed--
(1) to require a qualifying organization to register as an
agent of a foreign principal under section 2 of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 612) if
the organization is not described in section 12(b) of such Act
(as added by section 2(a)) on or after the effective date of
section 12(b) of such Act; or
(2) to waive the requirement of subsection (a) in the case
of a qualifying organization which is described in section
12(b) of such Act (as added by section 2(a)) on or after the
effective date of section 12(b) of such Act.
(e) Definitions.--As used in this section:
(1) The term ``critical mineral'' means any mineral
included on the list of critical minerals published in the
notice of the Secretary of the Interior entitled ``Final List
of Critical Minerals 2018'' (83 Fed. Reg. 23295 (May 18,
2018)).
(2) The term ``political activities'' has the meaning given
such term in section 1(o) of the Foreign Agents Registration
Act of 1938, as amended (22 U.S.C. 611(o)).
(3) The term ``qualifying organization'' means an
organization which meets each of the following:
(A) The organization is a partnership, association,
corporation, organization, or any other combination of
individuals described in section 501(c)(3), 501(c)(4),
501(c)(5), or 501(c)(6) of the Internal Revenue Code of
1986 and exempt from taxation under such Code.
(B) On or after February 1, 2014, the organization
knowingly received income, money, or any other thing of
value from a Russian foreign principal.
(C) The organization has engaged in political
activities to discourage producing oil, petroleum
products, natural gas, or critical minerals in the
United States.
(4) The term ``Russian foreign principal'' has the meaning
given such term in section 12(c)(1) of the Foreign Agents
Registration Act of 1938, as amended (as added by section
2(a)).
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