,,ii #aaeth ,,congress #b;d ,session ,s4 #bdhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjah ,mrs4 ,feinstein 7for herself1 ,mr4 ,cornyn1 ,mrs4 ,shaheen1 and ,mr4 ,young7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 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 governments1 to amend title #ah1 ,united ,states ,code1 to improve enforcement of the ,foreign ,agents ,registration ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foreign ,agents ,registration ,amendments ,act of #bjah4 #b4 ,foreign ,operatives and ,agents ,registration ,investigation and ,enforcement ,unit ,section #eji;,a of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,not later than #ahj days after the date of enactment of this subsection1 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 governments4 7d7 ,the unit established under subsection 7c7 is authorized to-- 7#a7 take appropriate legal action against individuals suspected of violating subsection 7a7 or 7b7 of section #iea of title #ah2 and 7#b7 coordinate any such legal action with the ,united ,states ,attorney for the relevant jurisdiction4 7e7 ,the ,attorney ,general shall1 as appropriate1 consult with the ,director of ,national ,intelligence1 the ,secretary of ,homeland ,security1 and the ,secretary of ,state4 4 #c4 ,foreign agents registration criminal enforcement ,section #iea of title #ah1 ,united ,states ,code1 is amended by striking subsections 7a7 through 7e7 and inserting the following3 7a7 ,operatives of foreign governments 7#a7 ,in general ,whoever1 other than a diplomatic or consular officer or attach1 acts in the ,united ,states as an operative of a foreign government without prior notification to the ,attorney ,general if required in paragraph 7#b71 shall be fined under this title or imprisoned not more than #aj years1 or both4 7#b7 ,regulations ,the ,attorney ,general shall promulgate rules and regulations establishing requirements for notification4 7#c7 ,transmission ,the ,attorney ,general shall1 upon receipt1 promptly transmit #a 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 ,states4 ,failure of the ,attorney ,general to do so shall not be a bar to prosecution under this section4 7#d7 ,definitions ,for purposes of this section1 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 official1 except that such term does not include-- 7,a7 a duly accredited diplomatic or consular officer of a foreign government1 who is so recognized by the ,department of ,state2 7,b7 any officially and publicly acknowledged and sponsored official or representative of a foreign government2 7,c7 any officially and publicly acknowledged and sponsored member of the staff of1 or employee of1 an officer1 official1 or representative described in paragraph 7,a7 or 7,b71 who is not a ,united ,states citizen2 or 7,d7 any person engaged in a legal commercial transaction4 7#e7 ,rule of construction ,notwithstanding paragraph 7#d77;,d71 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-- 7,a7 such person agrees to operate within the ,united ,states subject to the direction or control of a foreign government or official2 and 7,b7 such person-- 7i7 is an agent of ,cuba or any other country that the ,president determines 7and so reports to the ,congress7 poses a threat to the national security interest of the ,united ,states for purposes of this section1 unless the ,attorney ,general1 after consultation with the ,secretary of ,state1 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 country2 or 7ii7 has been convicted of1 or has entered a plea of nolo contendere with respect to1 any offense under section #gib through #gii1 #hca1 or #bcha of this title or under section #aa of the ,export ,administration ,act of #aigi1 except that the provisions of this subsection shall not apply to a person described in this clause for a period of more than #e years beginning on the date of the conviction or the date of entry of the plea of nolo contendere1 as the case may be4 7b7 ,foreign agents registration criminal enforcement 7#a7 ,violations2 false statements and willful omissions ,any person who-- 7,a7 willfully violates any provision of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq47 or any regulation thereunder2 or 7,b7 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 #aich 7#bb ,u4,s4,c4 #faa et seq47 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 misleading1 shall1 upon conviction thereof1 be punished by a fine of not more than #bjj1jjj or by imprisonment for not more than #e years1 or both1 except that in the case of a violation of subsection 7b71 7e71 or 7f7 of section #d of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fad7 or of paragraph 7#d7 or 7#e7 of this section the punishment shall be a fine of not more than #ae1jjj or imprisonment for not more than #f months1 or both4 7#b7 ,congressional notification ,it shall be unlawful for any agent of a foreign principal registered under the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq47 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 ,act4 4 #d4 ,foreign agents registration civil enforcement ,section #iea of title #ah1 ,united ,states ,code1 as amended by section #c1 is amended by adding at the end the following3 7c7 ,foreign agents registration civil enforcement 7#a7 ,civil investigative demands 7,a7 ,issuance and service ,whenever the ,attorney ,general1 or a designee of the ,attorney ,general1 has reason to believe that any person may be in possession1 custody1 or control of any documentary material or information relevant to an investigation under this section1 the ,attorney ,general1 or a designee of the ,attorney ,general1 may issue in writing and cause to be served upon such person1 a civil investigative demand requiring such person-- 7i7 to produce such documentary material for inspection and copying2 7ii7 to answer in writing written interrogatories with respect to such documentary material or information2 or 7iii7 to give oral testimony concerning such documentary material or information4 7,b7 ,requirements ,each civil investigative demand issued under subparagraph 7,a7 shall state the nature of the conduct constituting the alleged violation of a foreign agents law which is under investigation1 and the applicable provision of law alleged to be violated4 7,c7 ,production of documents ,each civil investigative demand issued under subparagraph 7,a7 for the production of documentary material shall-- 7i7 describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified2 and 7ii7 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 copying4 7,d7 ,demand for written answers ,each civil investigative demand issued under subparagraph 7,a7 for answers to written interrogatories shall-- 7i7 set forth with specificity the written interrogatories to be answered2 and 7ii7 prescribe dates at which time answers to written interrogatories shall be submitted4 7,e7 ,oral testimony ,each civil investigative demand issued under subparagraph 7,a7 for the giving of oral testimony shall-- 7i7 prescribe a date1 time1 and place at which oral testimony shall be commenced2 7ii7 specify that such attendance and testimony are necessary to the conduct of the investigation2 7iii7 notify the person receiving the demand of the right to be accompanied by an attorney and any other representative2 and 7iv7 describe the general purpose for which the demand is being issued and the general nature of the testimony1 including the primary areas of inquiry1 which will be taken pursuant to the demand4 7#b7 ,civil penalties 7,a7 ,registration statements ,whoever fails to file timely or complete registration statement as provided under section #b7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fab7;a77 shall be subject to a civil fine of not more than #aj1jjj per violation4 7,b7 ,supplements ,whoever fails to file timely or complete supplements as provided under section #b7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fab7;b77 shall be subject to a civil fine of not more than #a1jjj per violation4 7,c7 ,other violations ,whoever knowingly fails to-- 7i7 remedy a defective filing within #fj days after notice of such defect by the ,attorney ,general2 or 7ii7 comply with any other provision of this chapter2 shall upon proof of such knowing violation by a preponderance of the evidence1 be subject to a civil fine of not more than #bjj1jjj1 depending on the extent and gravity of the violation4 7,d7 ,no fines paid by foreign principals ,whenever a fine is paid under paragraph 7#a71 such fine may not be paid1 directly or indirectly1 by a foreign principal 7as defined in section #a of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa774 7,e7 ,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 #eji;,a7c7 of title #bh4 4 #e4 ,removing the ,lobbying ,disclosure ,act exemption 7a7 ,in general ,section #c of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fac7 is amended by striking subsection 7h74 7b7 ,lobbying ,disclosure ,act 7#a7 ,in general ,section #d7;a77#c7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7;a77#c77 is amended by adding at the end the following3 7,c7 ,foreign agents ,any person required to register as an agent of a foreign principal in accordance with the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq47 is not required to register under this subsection4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect #ahj days after the date of enactment of this ,act4 #f4 ,enhancing public access to database of foreign agents ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall promulgate regulations that modernize the input and output data for disclosures under the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq471 including regulations that provide that-- 7#a7 not later than #b years after the effective date of the regulations1 require all users to file the disclosures through an online database1 except under limited circumstances established by the ,attorney ,general2 7#b7 the online submissions should use online data entry software1 including spreadsheets1 that require all users to submit data in structured formats1 including comma separated values and automatically validated data2 7#c7 the publishing of the disclosures by the ,federal ,government to the public should be in data that is in a nonproprietary1 machine-readable format2 7#d7 if the data is published in bulk1 the data should use file formats designed for bulk1 structured data like comma separated values2 and 7#e7 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 reporting4 #g4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 meaningful enforcement of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq47 is vital to the national security of the ,united ,states and the integrity of our democratic process2 and 7#b7 the enforcement of that ,act by the ,department of ,justice must include civil and criminal penalties1 in addition to ongoing efforts to promote voluntary compliance4