FADE Act of 2021

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. Short title This Act may be cited as the Foreign Agent Disclaimer Enhancement Act of 2021 FADE Act of 2021 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) (A) by striking (b) It shall be unlawful (b)(1) It shall be unlawful (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) any person within the United States 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 (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 (j) The term online platform . 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) United States (whether within or outside of the United States) 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 (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.

Summary: Foreign Agent Disclaimer Enhancement Act of 2021 or the FADE Act of 2021 This bill revises the disclaimer requirements for informational materials transmitted by agents of foreign principals. Specifically, the bill requires that, when such an agent posts information in support of a foreign principal on an online platform, the agent must ensure that the information includes the required disclaimer (i.e., a statement that the information is being transmitted by such an agent). Further, the bill specifies that the disclaimer requirement applies to an agent whether the agent is within or outside the United States. Upon notification by the Department of Justice (DOJ), an online platform must remove any materials that do not meet disclaimer requirements and must use reasonable efforts to inform recipients of the materials that they were disseminated by an agent on behalf of a foreign principal. DOJ must analyze and report on the legal, policy, and procedural challenges to effective enforcement of foreign agent registration requirements.