I 
116TH CONGRESS 
2D SESSION 
H. R. 8464 
To amend the Foreign Agents Registration Act of 1938 to clarify the applica-
tion 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 post-
ed on online platforms by agents of foreign principals 
of the disclaimer requirements applicable under such Act 
to informational materials transmitted by agents of for-
eign principals through the United States mails, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Agent Dis-
claimer Enhancement Act of 2020’’ or the ‘‘FADE Act 
of 2020’’. 
SEC. 2. DISCLAIMER REQUIREMENTS FOR MATERIALS 
POSTED ON ONLINE PLATFORMS BY AGENTS 
OF FOREIGN PRINCIPALS ON BEHALF OF CLI-
ENTS. 
(a) METHOD AND FORM OF DISCLAIMER; PRESERVA-
TION OF DISCLAIMERS BY CERTAIN SOCIAL MEDIA PLAT-
FORMS.— 
(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 prin-
cipal by posting on an online platform, the agent shall en-
sure 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 acces-
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sible only through a hyperlink or other reference to an-
other source. 
‘‘(3) If the Attorney General determines that the ap-
plication of paragraph (2) to materials posted on an online 
platform is not feasible because the length of the con-
spicuous 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 mate-
rials described in paragraph (2) are posted shall ensure 
that the conspicuous statement described in such para-
graph (or, if applicable, the abbreviated statement de-
scribed in paragraph (3)) is maintained with such mate-
rials 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 mate-
rials.’’. 
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(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 mate-
rials)— 
‘‘(1) the Attorney General shall notify the on-
line platform; and 
‘‘(2) the online platform shall remove such ma-
terials and use reasonable efforts to inform recipi-
ents of such materials that the materials were dis-
seminated by a foreign agent on behalf of a foreign 
principal.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to mate-
rials disseminated on or after the expiration of the 
60-day period which begins on the date of the enact-
ment of this Act. 
(d) DEFINITION.—Section 1 of such Act (22 U.S.C. 
611) is amended by inserting after subsection (i) the fol-
lowing new subsection: 
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‘‘(j) The term ‘online platform’ means any public-fac-
ing website, web application, or digital application (includ-
ing 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 PRIN-
CIPAL 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 EN-
FORCEMENT 
OF 
FOREIGN 
AGENTS 
REG-
ISTRATION 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 Reg-
istration 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 revi-
sions to the Foreign Agents Registration Act of 1938, as 
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the Attorney General considers appropriate to promote the 
effective enforcement of such Act. 
Æ 
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