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tion 1(d) of the Foreign Interests Representation Act (22 U.S.C. 611(d)),".

(4) Section 34(a) of the Trading With the Enemy Act (50 U.S.C. App. 34(a)) is amended by

striking "Act of June 8, 1934 (ch. 327, 52 Stat.

631), as amended" and inserting "Foreign Interests Representation Act".

(5) Section 512(a) of the Comprehensive AntiApartheid Act of 1986 (22 U.S.C. 5101(a)) is amended by striking "Foreign Agents Registration

Act of 1938" and inserting “Foreign Interests Representation Act".

102D CONGRESS 18T SESSION

H.R. 1381

To strengthen the Foreign Agents Registration Act of 1938, as amended.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 1991

Mr. JOHNSON of South Dakota introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To strengthen the Foreign Agents Registration Act of 1938, as amended.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 SECTION 1. STRENGTHENING THE FOREIGN AGENTS REG

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ISTRATION ACT.

(a) DEFINITION OF AGENT OF A FOREIGN PRIN6 CIPAL.-Section 1(c) of the Foreign Agents Registration 7 Act of 1938, as amended (22 U.S.C. 611(c)) is amended 8 by adding at the end thereof the following new sentence: 9 "For purposes of clause (1), a foreign principal shall be 10 considered to control a person in major part if the foreign 11 principal holds more than 50 percent equitable ownership

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1 in such person or, subject to rebuttal evidence, if the for

2 eign principal holds at least 20 percent but not more than

3 50 percent equitable ownership in such person.".

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(b) DEFINITION OF SERVING PREDOMINANTLY A

5 FOREIGN INTEREST.-Section 1(q) of such Act (22

6 U.S.C. 611(q)) is amended—

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(1) by striking out "and" at the end of clause (ii) of the proviso; and

(2) by inserting before the period at the end thereof the following: “, and (iv) such activities do not involve the representation of the interests of the foreign principal before any agency or official of the Government of the United States other than providing information in response to requests by such agency or official or as a necessary part of a formal judicial or administrative proceeding, including the initiation of such a proceeding.".

(c) SUPPLEMENTAL REGISTRATION.-Section 2(b) of 19 such Act (22 U.S.C. 612(b)) is amended—

(1) in the first sentence by striking out ", within thirty days" and all that follows through "preced

ing six months' period" and inserting in lieu thereof "on January 31 and July 31 of each year file with the Attorney General a supplement thereto under oath, on a form prescribed by the Attorney General,

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which shall set forth regarding the six-month periods ending the previous December 31, and June 30, re

spectively, or, if a lesser period, the period since the initial filing,"; and

(2) by inserting after the first sentence the following new sentence: "Any agent using an accounting system with a fiscal year which is different from the calendar year may petition the Attorney General to permit the filing of supplemental statements at the close of the first and seventh month of each such

fiscal year in lieu of the dates specified by the preceding sentence.".

LEGAL REP

13 (d) LIMITING EXEMPTION FOR LEGAL

14 RESENTATION.-Section 3(g) of such Act (22 U.S.C. 15 613(g)) is amended by striking out "or any agency of the 16 Government of the United States" and all that follows 17 through "informal" and inserting in lieu thereof "or be18 fore the Patent and Trademark Office, including any writ19 ten submission to that Office".

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(e) CIVIL PENALTIES AND ENFORCEMENT PROVI21 SIONS.-Section 8 of such Act (22 U.S.C. 618) is amend

22 ed by adding at the end thereof the following:

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"(i)(1) Any person who is determined, after notice 24 and opportunity for an administrative hearing

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"(A) to have failed to file when such filing is required a registration statement under section 2(a) or a supplement thereto under section 2(b),

"(B) to have omitted a material fact required to

be stated therein, or

"(C) to have made a false statement with respect to such a material fact,

8 shall be required to pay a civil penalty in an amount not 9 less than $2,000 or more than $5,000 for each violation 10 committed. In determining the amount of the penalty, the 11 Attorney General shall give due consideration to the na12 ture and duration of the violation.

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"(2)(A) Whenever the Attorney General has reason 14 to believe that any person may be in possession, custody, 15 or control of any documentary material relevant to an in16 vestigation regarding any violation of paragraph (1) of 17 this subsection or of section 5, he may, before bringing 18 any civil or criminal proceeding thereon, issue in writing, 19 and cause to be served upon such person, a civil investiga20 tive demand requiring such person to produce such mate21 rial for examination.

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"(B) Civil investigative demands issued under this 23 paragraph shall be subject to the applicable provisions of 24 section 1968 of title 18, United States Code.".