No Funding for Foreign Agents Act

The term agent of a covered foreign principal means—

(A) any person who acts as an agent, representative, employee, or servant, or in any other capacity at the order, request, or under the direction or control, of a covered 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 covered foreign principal, whether or not that person represents the interests of such foreign principal before any agency or official of the Government of the United States or engages in any official activity within the United States;

(B) any duly accredited diplomatic or consular officer of the government of a covered nation who is so recognized by the Department of State;

(C) any official of the government of a covered nation whose duties are known by the Department of State;

(D) any member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of the government of a covered nation who is so recognized by the Department of State;

(E) any agent of a covered foreign principal who engages in lobbying activities and has registered or would be required to register under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and

(F) any person who has provided notice to the Attorney General as an agent of a foreign government or would be required to provide such notice under section 951 of title 18, United States Code.

The term controlled has the meaning given the term control in section 80.208 of title 31, Code of Federal Regulations, provided that any officer, executive, proprietor, director, partner, senior manager, or combination of agents who together own a majority or a dominant minority of the total outstanding voting interest, of an entity shall be understood to control it for purposes of this Act.

The term covered foreign principal means—

(A) the government of a covered nation and any political party in a covered nation;

(B) a person in a covered nation, unless such person—

(I) is an individual citizen of, and domiciled within, the United States; and

(II) is not an agent of a covered foreign principal; or

(I) is not an individual;

(II) 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;

(III) has its principal place of business within the United States; and

(IV) is not controlled by an agent of a covered foreign principal;

(C) a partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a covered nation; or

(D) any organization named in section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202).

The term covered nation means the Democratic People’s Republic of Korea, the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Islamic Emirate of Afghanistan, Burkina Faso, Myanmar (formerly known as Burma), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, or Yemen.

The term direct financial assistance means financial assistance from the Government of the United States that is received by an entity selected by the Government or a pass-through entity, including any contract, grant, loan, cooperative agreement, or other agreement.

The term entity means any partnership, association, corporation, organization, or other combination of individuals.

The term indirect financial assistance means financial assistance from the Government of the United States that is received by a service provider which is paid by means of a voucher, certificate, or other means of Government-funded payment provided to a beneficiary who is able to choose a service provider.

The term pass-through entity means any entity, including a nonprofit or nongovernmental organization, acting under a contract, grant, loan, cooperative agreement, or other agreement with the Government of the United States or with a State or local government in the United States that—

(A) accepts direct financial assistance as a primary recipient or grantee; and

(B) distributes such assistance to other organizations that provide services.

The term person means any individual, partnership, association, corporation, organization, or other combination of individuals.

(1) United States financial assistance to entities that are not controlled by an agent of a covered foreign principal; or

(2) any foreign assistance (as defined in section 634(b)(1) of the Foreign Assistance Act of 1962 (22 U.S.C. 2394(b)(1))).