Foreign Agent Disclaimer Enhancement Act of 2021
Bill: H.R.337 | Sponsor: Rep. Spanberger, Abigail Davis (D-VA)
Policy area: International Affairs

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.

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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