Title: Foreign Agents Registration Amendments Act of 2018
Policy area: Crime and Law Enforcement

Summary:
Foreign Agents Registration Amendments Act of 2018
This bill establishes, in the National Security Division of the Department of Justice, a new section to enforce laws against suspected operatives or unregistered agents of foreign governments. Additionally, it removes the exemption from lobbyist registration requirements for certain foreign agents.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2482 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2482

To amend title 28, United States Code, to require the Attorney General 
     to establish a section within the Department of Justice with 
responsibility for the enforcement of laws against suspected operatives 
  or agents of foreign governments, to amend title 18, United States 
 Code, to improve enforcement of the Foreign Agents Registration Act, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2018

 Mrs. Feinstein (for herself, Mr. Cornyn, Mrs. Shaheen, and Mr. Young) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to require the Attorney General 
     to establish a section within the Department of Justice with 
responsibility for the enforcement of laws against suspected operatives 
  or agents of foreign governments, to amend title 18, United States 
 Code, to improve enforcement of the Foreign Agents Registration 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 ``Foreign Agents Registration 
Amendments Act of 2018''.

SEC. 2. FOREIGN OPERATIVES AND AGENTS REGISTRATION INVESTIGATION AND 
              ENFORCEMENT UNIT.

    Section 509A of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c) Not later than 180 days after the date of enactment of this 
subsection, the Attorney General shall establish a unit within the 
counterespionage section of the National Security Division of the 
Department of Justice with responsibility for the enforcement of laws 
against suspected operatives or unregistered agents of foreign 
governments.
    ``(d) The unit established under subsection (c) is authorized to--
            ``(1) take appropriate legal action against individuals 
        suspected of violating subsection (a) or (b) of section 951 of 
        title 18; and
            ``(2) coordinate any such legal action with the United 
        States Attorney for the relevant jurisdiction.
    ``(e) The Attorney General shall, as appropriate, consult with the 
Director of National Intelligence, the Secretary of Homeland Security, 
and the Secretary of State.''.

SEC. 3. FOREIGN AGENTS REGISTRATION CRIMINAL ENFORCEMENT.

    Section 951 of title 18, United States Code, is amended by striking 
subsections (a) through (e) and inserting the following:
    ``(a) Operatives of Foreign Governments.--
            ``(1) In general.--Whoever, other than a diplomatic or 
        consular officer or attache, acts in the United States as an 
        operative of a foreign government without prior notification to 
        the Attorney General if required in paragraph (2), shall be 
        fined under this title or imprisoned not more than 10 years, or 
        both.
            ``(2) Regulations.--The Attorney General shall promulgate 
        rules and regulations establishing requirements for 
        notification.
            ``(3) Transmission.--The Attorney General shall, upon 
        receipt, promptly transmit 1 copy of each notification 
        statement filed under this section to the Secretary of State 
        for such comment and use as the Secretary of State may 
        determine to be appropriate from the point of view of the 
        foreign relations of the United States. Failure of the Attorney 
        General to do so shall not be a bar to prosecution under this 
        section.
            ``(4) Definitions.--For purposes of this section, the term 
        `operative of a foreign government' means an individual who 
        agrees to operate within the United States subject to the 
        direction or control of a foreign government or official, 
        except that such term does not include--
                    ``(A) a duly accredited diplomatic or consular 
                officer of a foreign government, who is so recognized 
                by the Department of State;
                    ``(B) any officially and publicly acknowledged and 
                sponsored official or representative of a foreign 
                government;
                    ``(C) any officially and publicly acknowledged and 
                sponsored member of the staff of, or employee of, an 
                officer, official, or representative described in 
                paragraph (A) or (B), who is not a United States 
                citizen; or
                    ``(D) any person engaged in a legal commercial 
                transaction.
            ``(5) Rule of construction.--Notwithstanding paragraph 
        (4)(D), any person engaged in a legal commercial transaction 
        shall be considered to be an agent of a foreign government for 
        purposes of this section if--
                    ``(A) such person agrees to operate within the 
                United States subject to the direction or control of a 
                foreign government or official; and
                    ``(B) such person--
                            ``(i) is an agent of Cuba or any other 
                        country that the President determines (and so 
                        reports to the Congress) poses a threat to the 
                        national security interest of the United States 
                        for purposes of this section, unless the 
                        Attorney General, after consultation with the 
                        Secretary of State, determines and so reports 
                        to the Congress that the national security or 
                        foreign policy interests of the United States 
                        require that the provisions of this section do 
                        not apply in specific circumstances to agents 
                        of such country; or
                            ``(ii) has been convicted of, or has 
                        entered a plea of nolo contendere with respect 
                        to, any offense under section 792 through 799, 
                        831, or 2381 of this title or under section 11 
                        of the Export Administration Act of 1979, 
                        except that the provisions of this subsection 
                        shall not apply to a person described in this 
                        clause for a period of more than 5 years 
                        beginning on the date of the conviction or the 
                        date of entry of the plea of nolo contendere, 
                        as the case may be.
    ``(b) Foreign Agents Registration Criminal Enforcement.--
            ``(1) Violations; false statements and willful omissions.--
        Any person who--
                    ``(A) willfully violates any provision of the 
                Foreign Agents Registration Act of 1938 (22 U.S.C. 611 
                et seq.) or any regulation thereunder; or
                    ``(B) in any registration statement or supplement 
                thereto or in any other document filed with or 
                furnished to the Attorney General under the provisions 
                of the Foreign Agents Registration Act of 1938 (22 
                U.S.C. 611 et seq.) willfully makes a false statement 
                of a material fact or willfully omits any material fact 
                required to be stated therein or willfully omits a 
                material fact or a copy of a material document 
                necessary to make the statements therein and the copies 
                of documents furnished therewith not misleading,
        shall, upon conviction thereof, be punished by a fine of not 
        more than $200,000 or by imprisonment for not more than 5 
        years, or both, except that in the case of a violation of 
        subsection (b), (e), or (f) of section 4 of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 614) or of paragraph (4) or 
        (5) of this section the punishment shall be a fine of not more 
        than $15,000 or imprisonment for not more than 6 months, or 
        both.
            ``(2) Congressional notification.--It shall be unlawful for 
        any agent of a foreign principal registered under the Foreign 
        Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) to fail 
        to disclose before or during any meeting with a Member of 
        Congress or staff of a Member of Congress that the agent has 
        registered under that Act.''.

SEC. 4. FOREIGN AGENTS REGISTRATION CIVIL ENFORCEMENT.

    Section 951 of title 18, United States Code, as amended by section 
3, is amended by adding at the end the following:
    ``(c) Foreign Agents Registration Civil Enforcement.--
            ``(1) Civil investigative demands.--
                    ``(A) Issuance and service.--Whenever the Attorney 
                General, or a designee of the Attorney General, has 
                reason to believe that any person may be in possession, 
                custody, or control of any documentary material or 
                information relevant to an investigation under this 
                section, the Attorney General, or a designee of the 
                Attorney General, may issue in writing and cause to be 
                served upon such person, a civil investigative demand 
                requiring such person--
                            ``(i) to produce such documentary material 
                        for inspection and copying;
                            ``(ii) to answer in writing written 
                        interrogatories with respect to such 
                        documentary material or information; or
                            ``(iii) to give oral testimony concerning 
                        such documentary material or information.
                    ``(B) Requirements.--Each civil investigative 
                demand issued under subparagraph (A) shall state the 
                nature of the conduct constituting the alleged 
                violation of a foreign agents law which is under 
                investigation, and the applicable provision of law 
                alleged to be violated.
                    ``(C) Production of documents.--Each civil 
                investigative demand issued under subparagraph (A) for 
                the production of documentary material shall--
                            ``(i) describe each class of documentary 
                        material to be produced with such definiteness 
                        and certainty as to permit such material to be 
                        fairly identified; and
                            ``(ii) prescribe a return date for each 
                        such class which will provide a reasonable 
                        period of time within which the material so 
                        demanded may be assembled and made available 
                        for inspection and copying.
                    ``(D) Demand for written answers.--Each civil 
                investigative demand issued under subparagraph (A) for 
                answers to written interrogatories shall--
                            ``(i) set forth with specificity the 
                        written interrogatories to be answered; and
                            ``(ii) prescribe dates at which time 
                        answers to written interrogatories shall be 
                        submitted.
                    ``(E) Oral testimony.--Each civil investigative 
                demand issued under subparagraph (A) for the giving of 
                oral testimony shall--
                            ``(i) prescribe a date, time, and place at 
                        which oral testimony shall be commenced;
                            ``(ii) specify that such attendance and 
                        testimony are necessary to the conduct of the 
                        investigation;
                            ``(iii) notify the person receiving the 
                        demand of the right to be accompanied by an 
                        attorney and any other representative; and
                            ``(iv) describe the general purpose for 
                        which the demand is being issued and the 
                        general nature of the testimony, including the 
                        primary areas of inquiry, which will be taken 
                        pursuant to the demand.
            ``(2) Civil penalties.--
                    ``(A) Registration statements.--Whoever fails to 
                file timely or complete registration statement as 
                provided under section 2(b) of the Foreign Agents 
                Registration Act of 1938 (22 U.S.C. 612(a)) shall be 
                subject to a civil fine of not more than $10,000 per 
                violation.
                    ``(B) Supplements.--Whoever fails to file timely or 
                complete supplements as provided under section 2(b) of 
                the Foreign Agents Registration Act of 1938 (22 U.S.C. 
                612(b)) shall be subject to a civil fine of not more 
                than $1,000 per violation.
                    ``(C) Other violations.--Whoever knowingly fails 
                to--
                            ``(i) remedy a defective filing within 60 
                        days after notice of such defect by the 
                        Attorney General; or
                            ``(ii) comply with any other provision of 
                        this chapter;
                shall upon proof of such knowing violation by a 
                preponderance of the evidence, be subject to a civil 
                fine of not more than $200,000, depending on the extent 
                and gravity of the violation.
                    ``(D) No fines paid by foreign principals.--
                Whenever a fine is paid under paragraph (1), such fine 
                may not be paid, directly or indirectly, by a foreign 
                principal (as defined in section 1 of the Foreign 
                Agents Registration Act of 1938 (22 U.S.C. 611)).
                    ``(E) Use of fines.--All fines collected under this 
                subsection shall be used to defray the cost of the 
                Foreign Operatives and Agents Enforcement Unit 
                established under section 509A(c) of title 28.''.

SEC. 5. REMOVING THE LOBBYING DISCLOSURE ACT EXEMPTION.

    (a) In General.--Section 3 of the Foreign Agents Registration Act 
of 1938 (22 U.S.C. 613) is amended by striking subsection (h).
    (b) Lobbying Disclosure Act.--
            (1) In general.--Section 4(a)(3) of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1603(a)(3)) is amended by adding at the 
        end the following:
                    ``(C) Foreign agents.--Any person required to 
                register as an agent of a foreign principal in 
                accordance with the Foreign Agents Registration Act of 
                1938 (22 U.S.C. 611 et seq.) is not required to 
                register under this subsection.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect 180 days after the date of enactment of this 
        Act.

SEC. 6. ENHANCING PUBLIC ACCESS TO DATABASE OF FOREIGN AGENTS.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall promulgate regulations that modernize the 
input and output data for disclosures under the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 611 et seq.), including regulations 
that provide that--
            (1) not later than 2 years after the effective date of the 
        regulations, require all users to file the disclosures through 
        an online database, except under limited circumstances 
        established by the Attorney General;
            (2) the online submissions should use online data entry 
        software, including spreadsheets, that require all users to 
        submit data in structured formats, including comma separated 
        values and automatically validated data;
            (3) the publishing of the disclosures by the Federal 
        Government to the public should be in data that is in a 
        nonproprietary, machine-readable format;
            (4) if the data is published in bulk, the data should use 
        file formats designed for bulk, structured data like comma 
        separated values; and
            (5) client files should include a value that demonstrates 
        if a file has been terminated so the user is aware when the 
        client ends a relationship or just stopped reporting.

SEC. 7. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) meaningful enforcement of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 611 et seq.) is vital to 
        the national security of the United States and the integrity of 
        our democratic process; and
            (2) the enforcement of that Act by the Department of 
        Justice must include civil and criminal penalties, in addition 
        to ongoing efforts to promote voluntary compliance.
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