"AMENDMENTS 78 STAT. 170. 75 Stat. 789. "SEC. 306. (a) The first sentence of section 2 of the Act of May 29, 1959 (50 U.S.C. 402 note), is amended by inserting, without regard 73 Stat. 633 to the civil service laws,' immediately after 'and to appoint thereto. "(b) Subsection (b) of section 2 of the Performance Rating Act of 1950 (5 U.S.C. 2001(b)) is amended 64 Stat. 1098; "(1) by striking out the period at the end of paragraph (13) 71 Stat. 293. and inserting in lieu thereof a semicolon; and "(2) by adding at the end thereof the following new paragraph: Approved March 26, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 108 (Comm. on Un-American Activities). CONGRESSIONAL RECORD: Vol. 109 (1963): May 9, considered and passed House. 71-492 O-66-10 Public Law 89-486 89th Congress, S. 693 July 4, 1966 An Act To amend the Foreign Agents Registration Act of 1938, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Foreign Agents Registration Act of 1938, as amended, is amended as follows: (1) Subsection (b) is amended to read as follows: (b) The term 'foreign principal' includes 80 STAT. 244 Foreign Agents Act of 1938, "(1) a government of a foreign country and a foreign political 22 USC 611. party; "(2) a person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and "(3) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country." (2) Subsection (c) is amended to read as follows: "(c) Expect as provided in subsection (d) hereof, the term 'agent of a foreign principal' means— (1) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person "(i) engages within the United States in political activities for or in the interests of such foreign principal; "(ii) acts within the United States as a public relations counsel, publicity agent, information-service employee or political consultant for or in the interests of such foreign principal; "(iii) within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or "(iv) within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; and "(2) any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in clause (1) of this subsection." (3) Subsection (d) is amended by striking out "clause (1), (2), or (4) of". (4) Subsection (g) is amended by inserting before the words "matter pertaining to" the words "public relations" and before the semicolon at the end thereof the words "of such principal". (5) Such section is further amended by substituting a semicolon for the period at the end of subsection (n) and adding the following new subsections: "Foreign principal." "Agent of a foreign prin cipal." "(o) The term 'political activities' means the dissemination of polit- "Political ical propaganda and any other activity which the person engaging activities." therein believes will, or which he intends to, prevail upon, indoctrinate, convert, induce, persuade, or in any other way influence any agency or (142) 80 STAT 245 "Political consultant." Post, p. 246. Registration statement. 64 Stat. 400. 22 USC 612. 56 Stat. 252. Name, etc., of contributors. official of the Government of the United States or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party; 66 (P) The term 'political consultant' means any person who engages in informing or advising any other person with reference to the domestic or foreign policies of the United States or the political or public interest, policies, or relations of a foreign country or of a foreign political party; "(q) For the purpose of section (3) (d) hereof, activities in furtherance of the bona fide commercial, industrial or financial interests of a domestic person engaged in substantial commercial, industrial or financial operations in the United States shall not be deemed to serve predominantly a foreign interest because such activities also benefit the interests of a foreign person engaged in bona fide trade or commerce which is owned or controlled by, or which owns or controls, such domestic person: Provided, That (i) such foreign person is not, and such activities are not directly or indirectly supervised, directed, controlled, financed or subsidized in whole or in substantial part by, a government of a foreign country or a foreign political party, (ii) the identity of such foreign person is disclosed to the agency or official of the United States with whom such activities are conducted, and (iii) whenever such foreign person owns or controls such domestic person, such activities are substantially in furtherance of the bona fide commercial, industrial or financial interests of such domestic person.' SEC. 2. Section 2 of such Act is amended as follows: (1) Subsection (a) is amended by striking out the second, third, and fourth sentences and inserting in lieu thereof the following: "Except as hereinafter provided, every person who becomes an agent of a foreign principal shall, within ten days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General. The obligation of an agent of a foreign principal to file a registration statement shall, after the tenth day of his becoming such agent, continue from day to day, and termination of such status shall not relieve such agent from his obligation to file a registration statement for the period during which he was an agent of a foreign principal." (2) Subsection (a) (3) is amended by striking out the comma following the word "each" where it first appears, and the following: "unless, and to the extent, this requirement is waived in writing by the Attorney General"; and by inserting before the semicolon at the end of the subsection a comma and the following: "or by any other foreign principal". (3) Subsection (a) (4) is amended by inserting before the semicolon at the end thereof a comma and the following: "including a detailed statement of any such activity which is a political activity". (4) Subsection (a) (6) is amended by inserting before the semicolon at the end thereof a comma and the following: "including a detailed statement of any such activity which is a political activity". (5) Subsection (a) (7) is amended to read as follows: "(7) The name, business, and residence addresses, and if an individual, the nationality, of any person other than a foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act under such circumstances as require his registration hereunder; the extent to which each such person is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by any government of a foreign country or foreign political party or by any other foreign principal; and 144 the nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received during the preceding sixty days from each such person in connection with any of the activities referred to in clause (6) of this subsection, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;". (6) Subsection (a) (8) is amended to read as follows: "(8) A detailed statement of the money and other things of value spent or disposed of by the registrant during the preceding sixty days in furtherance of or in connection with activities which require his registration hereunder and which have been undertaken by him either as an agent of a foreign principal or for himself or any other person or in conection with any activities relating to his becoming an agent of such principal, and a detailed statement of any contributions of money or other things of value made by him during the preceding sixty days (other than contributions the making of which is prohibited under the terms of 80 STAT, 246 Statement; po litical contributions. 56 Stat. 252. 22 USC 612. section 613 of title 18, United States Code) in connection with an Post, p. 248. election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office;" (7) Such section is further amended by adding at the end thereof a new subsection as follows: "(f) The Attorney General may, by regulation, provide for the Exemptions. exemption "(1) from registration, or from the requirement of furnishing any of the information required by this section, of any person who is listed as a partner, officer, director, or employee in the registration statement filed by an agent of a foreign principal under this Act, and "(2) from the requirement of furnishing any of the information required by this section of any agent of a foreign principal, where by reason of the nature of the functions or activities of such person the Attorney General, having due regard for the national security and the public interest, determines that such registration, or the furnishing of such information, as the case may be, is not necessary to carry out the purposes of this Act." SEC. 3. (a) Section 3(d) of such Act is amended to read as follows: 75 Stat. 784. "(d) Any person engaging or agreeing to engage only (1) in pri- 22 USC 613. vate and nonpolitical activities in furtherance of the bona fide trade or commerce of such foreign principal; or (2) in other activities not serving predominantly a foreign interest; or (3) in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if such solicitation or collection of funds and contributions is in accordance with and subject to the provisions of the Act of November 4, 1939, as amended (54 Stat. 4), and such rules 22 USC 441-457. and regulations as may be prescribed thereunder;". (b) Section 3 of such Act is further amended by substituting a semicolon for the period at the end of subsection (†) and adding a new subsection as follows: "(g) Any person qualified to practice law, insofar as he engages or agrees to engage in the legal representation of a disclosed foreign principal before any court of law or any agency of the Government of the United States: Provided, That for the purposes of this subsection legal representation does not include attempts to influence or persuade agency personnel or officials other than in the course of established agency proceedings, whether formal or informal." SEC. 4. Section 4 of such Act is amended as follows: (1) Subsection (a) is amended by inserting after the words "political propaganda" the words "for or in the interests of such Filing and labeling political propaganda. 22 USC 614. 80 STAT. 247 56 Stat. 256. 22 USC 615. 22 USC 616. Records and information. Transmittal by foreign principal"; and by striking out the words "sent to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof" and inserting in lieu thereof the words "file with the Attorney General two copies thereof". (2) Subsection (b) is amended by inserting after the words "political propaganda" where they first appear the words "for or in the interests of such foreign principal"; by inserting after the words "setting forth" the words "the relationship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda;"; and by striking out the words "each of his foreign principals" and inserting in lieu thereof "such foreign principal". (3) Subsection (c) is amended by striking out the words "sent to the Librarian of Congress" and inserting in lieu thereof the words "filed with the Attorney General". (4) Such section is further amended by adding at the end thereof the following new subsections: "(e) It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this Act to transmit, convey, or otherwise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the interests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this Act. "(f) Whenever any agent of a foreign principal required to register under this Act appears before any committee of Congress to testify for or in the interests of such foreign principal, he shall, at the time of such appearance, furnish the committee with a copy of his most recent registration statement filed with the Department of Justice as an agent of such foreign principal for inclusion in the records of the committee as part of his testimony." SEC. 5. Section 5 of such Act is amended by inserting after "the provisions of this Act," where they first appear the words "in accordance with such business and accounting practices,". SEC. 6. Section 6 of such Act is amended by inserting the letter "(a)" after the section number and by adding at the end thereof the following new subsections: "(b) The Attorney General shall, promptly upon receipt, transmit one copy of every registration statement filed hereunder and one copy of every amendment or supplement thereto, and one copy of every Attorney General. item of political propaganda filed hereunder, 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 so to transmit such copy shall not be a bar to prosecution under this Act. (c) The Attorney General is authorized to furnish to departments and agencies in the executive branch and committees of the Congress such information obtained by him in the administration of this Act, including the names of registrants under this Act, copies of registration statements, or parts thereof, copies of political propaganda, or other documents or information filed under this Act, as may be appropriate in the light of the purposes of this Act." |