I 

116TH CONGRESS 

2D SESSION H. R. 8464 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2020 

Ms. SPANBERGER (for herself and Mr. KATKO) 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Foreign Agent Dis3 claimer Enhancement Act of 2020’’ or the ‘‘FADE Act 

4 of 2020’’. 

5 SEC. 2. DISCLAIMER REQUIREMENTS FOR MATERIALS 

6 POSTED ON ONLINE PLATFORMS BY AGENTS 

7 OF FOREIGN PRINCIPALS ON BEHALF OF CLI8 ENTS. 

9 (a) METHOD AND FORM OF DISCLAIMER; PRESERVA10 TION OF DISCLAIMERS BY CERTAIN SOCIAL MEDIA PLAT11 FORMS.— 

12 (1) REQUIREMENTS DESCRIBED.—Section 4(b) 

13 of the Foreign Agents Registration Act of 1938, as 

14 amended (22 U.S.C. 614(b)) is amended— 

15 (A) by striking ‘‘(b) It shall be unlawful’’ 

16 and inserting ‘‘(b)(1) It shall be unlawful’’; and 

17 (B) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) In the case of informational materials for or in 

20 the interests of a foreign principal which are transmitted 

21 or caused to be transmitted by an agent of a foreign prin22 cipal by posting on an online platform, the agent shall en23 sure that the conspicuous statement required to be placed 

24 in such materials under this subsection is placed directly 

25 with the material posted on the platform and is not accesVerDate Sep 11 2014 04:53 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8464.IH H8464

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1 sible only through a hyperlink or other reference to an2 other source. 

3 ‘‘(3) If the Attorney General determines that the ap4 plication of paragraph (2) to materials posted on an online 

5 platform is not feasible because the length of the con6 spicuous statement required to be placed in materials 

7 under this subsection makes the inclusion of the entire 

8 statement incompatible with the posting of the materials 

9 on that platform, an agent may meet the requirements of 

10 paragraph (2) by ensuring that an abbreviated version of 

11 the statement, stating that the materials are distributed 

12 by a foreign agent on behalf of a clearly identified foreign 

13 principal, is placed directly with the material posted on 

14 the platform. 

15 ‘‘(4) An online platform on which informational mate16 rials described in paragraph (2) are posted shall ensure 

17 that the conspicuous statement described in such para18 graph (or, if applicable, the abbreviated statement de19 scribed in paragraph (3)) is maintained with such mate20 rials at all times, including after the material is shared 

21 in a social media post on the platform, but only if the 

22 platform has 50,000,000 or more unique monthly United 

23 States visitors or users for a majority of months during 

24 the 12 months preceding the dissemination of the mate25 rials.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall apply with respect to mate3 rials disseminated on or after the expiration of the 

4 60-day period which begins on the date of the enact5 ment of this Act, without regard to whether or not 

6 the Attorney General has promulgated regulations to 

7 carry out such amendments prior to the expiration 

8 of such period. 

9 (b) APPLICATION OF REQUIREMENTS TO PERSONS

10 OUTSIDE THE UNITED STATES.— 

11 (1) IN GENERAL.—Section 4(b)(1) of such Act 

12 (22 U.S.C. 614(b)(1)), as amended by subsection 

13 (a), is amended by striking ‘‘any person within the 

14 United States’’ and inserting ‘‘any person’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) shall apply with respect to mate17 rials disseminated on or after the expiration of the 

18 60-day period which begins on the date of the enact19 ment of this Act, without regard to whether or not 

20 the Attorney General has promulgated regulations to 

21 carry out such amendments prior to the expiration 

22 of such period. 

23 (c) REQUIREMENTS FOR ONLINE PLATFORMS DIS24 SEMINATING INFORMATIONAL MATERIALS TRANSMITTED

25 BY AGENTS OF FOREIGN PRINCIPALS.— 


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1 (1) IN GENERAL.—Section 4 of such Act (22 

2 U.S.C. 614) is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(g) If the Attorney General determines that an 

5 agent of a foreign principal transmitted or caused to be 

6 transmitted informational materials on an online platform 

7 for or in the interests of the foreign principal and did not 

8 meet the requirements of subsection (b)(2) (relating to the 

9 conspicuous statement required to be placed in such mate10 rials)— 

11 ‘‘(1) the Attorney General shall notify the on12 line platform; and 

13 ‘‘(2) the online platform shall remove such ma14 terials and use reasonable efforts to inform recipi15 ents of such materials that the materials were dis16 seminated by a foreign agent on behalf of a foreign 

17 principal.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall apply with respect to mate20 rials disseminated on or after the expiration of the 

21 60-day period which begins on the date of the enact22 ment of this Act. 

23 (d) DEFINITION.—Section 1 of such Act (22 U.S.C. 

24 611) is amended by inserting after subsection (i) the fol25 lowing new subsection: 


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1 ‘‘(j) The term ‘online platform’ means any public-fac2 ing website, web application, or digital application (includ3 ing a social network, ad network, or search engine).’’. 

4 SEC. 3. CLARIFICATION OF TREATMENT OF INDIVIDUALS 

5 WHO ENGAGE WITH THE UNITED STATES IN 

6 POLITICAL ACTIVITIES FOR A FOREIGN PRIN7 CIPAL IN ANY PLACE AS AGENTS OF FOREIGN 

8 PRINCIPALS. 

9 Section 1(c)(1)(i) of the Foreign Agents Registration 

10 Act of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is 

11 amended by inserting after ‘‘United States’’ the following: 

12 ‘‘(whether within or outside of the United States)’’. 

13 SEC. 4. ANALYSIS AND REPORT ON CHALLENGES TO EN14 FORCEMENT OF FOREIGN AGENTS REG15 ISTRATION ACT OF 1938. 

16 (a) ANALYSIS.—The Attorney General shall conduct 

17 an analysis of the legal, policy, and procedural challenges 

18 to the effective enforcement of the Foreign Agents Reg19 istration Act of 1938, as amended (22 U.S.C. 611 et seq.). 

20 (b) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Attorney General shall 

22 submit to Congress a report on the analysis conducted 

23 under subsection (a), and shall include in the report such 

24 recommendations, including recommendations for revi25 sions to the Foreign Agents Registration Act of 1938, as 


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1 the Attorney General considers appropriate to promote the 

2 effective enforcement of such Act. 

Æ 


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