CONTENTS Text of- WEDNESDAY, JULY 28, 1965, AND MONDAY, AUGUST 2, 1965 Page Dechert, Robert, Dechert, Price & Rhodes, Philadelphia, Pa., on 103 Harvell, Quentin, executive director, Public Relations Society of Maw, Carlyle E., representing the Association of the Bar of the Mooney, Franklin E. R., industrial commissioner, government of Sonnett, John F., partner, Cahill, Gordon, Reindel & Ohl, New York City; accompanied by John C. L. Donaldson, assistant manager, International Department, Chamber of Commerce of the United Yeagley, Hon. J. Walter, Assistant Attorney General, Internal Yeagley, Hon. J. Walter, to Chairman Willis_. Report by the Committee on International Law and the Committee on Federal Legislation of the Association of the Bar of the City of New York on proposed amendments to the Foreign Agents Registration Act 31 49 115 135 138 FOREIGN AGENTS REGISTRATION ACT AMENDMENTS WEDNESDAY, JULY 28, 1965 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 3 OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met at 10 a.m., in room 2226, Rayburn House Office Building, Hon. Edwin E. Willis (chairman of the subcommittee) presiding. Present: Messrs. Willis, Tuck, Kastenmeier, St. Onge, Edwards of California, Tenzer, Poff, Lindsay, and Hutchinson. Also present, Herbert Fuchs, counsel, and Allan Cors, associate counsel. Mr. WILLIS. The subcommittee will please come to order. Subcommittee No. 3 has met this morning to hear testimony on legislation sponsored by Judiciary Committee, Chairman Celler in the House and by Senators Fulbright and Hickenlooper in the Senate, designed to amend the Foreign Agents Registration Act of 1938, as amended. The bills are H.R. 290 and S. 693. A copy of each bill will be inserted in the record at this point. (S. 693 and H.R. 290 referred to follow :) [S. 693, 89th Cong., 1st sess.] 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 "(1) a government of a foreign country and a foreign political 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) Except 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, 1 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; 66 '(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 of 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: "(o) The term 'political activities' means the dissemination of political propaganda and any other activity which the person engaging therein believes will, or which he intends to, prevail upon, indoctrinate, convert, induce, persuade, or in any other way influence any agency or 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; "(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." 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 filé 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 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 connection 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 section 613 of title 18, United States Code) in connection with an 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 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: "(d) Any person engaging or agreeing to engage only (1) in private 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 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 (f) and adding a new subsection as follows: "(g) Any attorney whose activities are confined to openly representing, as an attorney of record, the interests of a disclosed foreign principal before any court or administrative agency of the United States, or of any State or political subdivision thereof." 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 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". |