Foreign Agents Registration Act (FARA): Background and Issues for Congress

Foreign Agents Registration Act (FARA):
June 30, 2020
Background and Issues for Congress
Jacob R. Straus
Background and Issues for Congress Updated September 15, 2026 (R46435) Jump to Main Text of Report

Contents

• Foreign Influence Concerns Prior to World War II
• Foreign Agents Registration Act of 1938
• Amendments to FARA
• 1942 Amendments
• 1966 Amendments
• 1995 Amendments
• Summary of Current FARA Provisions
• Section 611—Definitions
• Section 612—Registration Statement
• Section 613—Exemptions
• Section 614—Filing and Labeling of Political Propaganda
• Section 615—Books and Records
• Section 616—Public Examination of Official Records; Transmittal of Records and Information
• Section 617—Liability of Officers
• Section 618—Enforcement and Penalties
• Section 619—Territorial Applicability of Subchapter
• Section 620—Rules and Regulations
• Section 621—Reports to Congress
• Recent Legislative Proposals to Amend FARA
• Registration and Disclosure Requirements
• Labeling of Informational Materials
• Civil Investigative Demand Authority
• Repealing Exemption Under FARA for LDA Registration
• Require Disclosure of Exemption Use
• Restricting Certain Former Officials From Acting as Foreign Agents
• Concluding Observations

Figures

• Figure 1. Exemptions to Registration Under the Foreign Agents Registration Act
• Figure 2. Example of FARA Informational Materials Label Requirements

Tables

• Table A-1. Foreign Agent Registration Act (FARA) Definitions

Appendixes

• Appendix. Foreign Agent Registration Act (FARA) Definitions

Summary

On June 9, 1938, President Franklin D. Roosevelt signed the Foreign Agents Registration Act On June 9, 1938, President Franklin D. Roosevelt signed the Foreign Agents Registration Act
Specialist on the Congress
(FARA) into law (22 U.S.C. §§611-621). As initially enacted, FARA sought to expose foreign (FARA) into law (22 U.S.C. §§611-621). As initially enacted, FARA sought to expose foreign

influence in American politics, with a specific focus on identifying and making a public record of influence in American politics, with a specific focus on identifying and making a public record of
attempts to spread propaganda and foreign agendas. Since its enactment, FARA has been revised attempts to spread propaganda and foreign agendas. Since its enactment, FARA has been revised

to respond to the changing nature of representation of foreign entities in the United States. Three to respond to the changing nature of representation of foreign entities in the United States. Three
revisions—which occurred in 1942, 1966,revisions—which occurred in 1942, 1966, and 1995—have reoriented the law away from propaganda activities and toward and 1995—have reoriented the law away from propaganda activities and toward
foreign advocacy and lobbying.foreign advocacy and lobbying.
According to the Department of Justice (DOJ), the law focuses on requiring foreign agents—an individual or group that acts According to the Department of Justice (DOJ), the law focuses on requiring foreign agents—an individual or group that acts
“"as an agent, representative, employee, or servant, otherwise acts at the order, request, or under the direction or control as an agent, representative, employee, or servant, otherwise acts at the order, request, or under the direction or control o f a
‘of a 'foreign principalforeign principal’”'" and conducts certain covered activities (22 U.S.C. §611(c); 28 C.F.R. §5.100)—to register with the DOJ. and conducts certain covered activities (22 U.S.C. §611(c); 28 C.F.R. §5.100)—to register with the DOJ.
FARA defines a FARA defines a foreign principal as as “"a foreign government, a foreign political party, any person outside the United States a foreign government, a foreign political party, any person outside the United States
(except U.S. citizens who are domiciled within the United States), and any entity organized under the laws of a foreign (except U.S. citizens who are domiciled within the United States), and any entity organized under the laws of a foreign
country or having its principal place of business in a foreign countrycountry or having its principal place of business in a foreign country”" (22 U.S.C. §611(b); 28 C.F.R. §5.100). (22 U.S.C. §611(b); 28 C.F.R. §5.100). FARA does not FARA does not
prohibit advocacy activities, but rather requires covered individuals and firms to register with the DOJ. FARA was initially prohibit advocacy activities, but rather requires covered individuals and firms to register with the DOJ. FARA was initially
administrated by the Department of State, but it is now administered by the DOJ. On a semiannual basis, FARA requires the administrated by the Department of State, but it is now administered by the DOJ. On a semiannual basis, FARA requires the
DOJ to issue a report to Congress on DOJDOJ to issue a report to Congress on DOJ’'s administration and enforcement of the law.s administration and enforcement of the law.
This report provides the legislative history of the Foreign Agents Registration Act, a summary of its current provisions, and This report provides the legislative history of the Foreign Agents Registration Act, a summary of its current provisions, and
an analysis of recent legislative proposals to amend the law. Recent proposals include additional registration and disclosure an analysis of recent legislative proposals to amend the law. Recent proposals include additional registration and disclosure
requirements, changing requirements for labeling of informational materials, granting the DOJ civil investigative demand requirements, changing requirements for labeling of informational materials, granting the DOJ civil investigative demand
authority, repealing FARA exemptions, and restricting certain former officials from registering as foreign agents.
Additionally, Congress could consider providing additional funding and/or staffing for FARA administration or consider
combining FARA administration with the administration of the Lobbying Disclosure Act (LDA).

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Contents
Foreign Influence Concerns Prior to World War II ................................................................ 1
Foreign Agents Registration Act of 1938............................................................................. 3
Amendments to FARA..................................................................................................... 6
1942 Amendments ..................................................................................................... 6
1966 Amendments ..................................................................................................... 8
1995 Amendments ................................................................................................... 10
Summary of Current FARA Provisions ............................................................................. 11
Section 611—Definitions .......................................................................................... 11
Section 612—Registration Statement.......................................................................... 12
Section 613—Exemptions......................................................................................... 13
Section 614—Filing and Labeling of Political Propaganda ............................................. 14
Section 615—Books and Records .............................................................................. 15
Section 616—Public Examination of Official Records; Transmittal of Records and
Information .......................................................................................................... 16
Section 617—Liability of Officers ............................................................................. 16
Section 618—Enforcement and Penalties .................................................................... 16
Section 619—Territorial Applicability of Subchapter .................................................... 16
Section 620—Rules and Regulations .......................................................................... 17
Section 621—Reports to Congress ............................................................................. 17
Recent Legislative Proposals to Amend FARA .................................................................. 17
Registration and Disclosure Requirements................................................................... 17
Labeling of Informational Materials ........................................................................... 18
Civil Investigative Demand Authority ......................................................................... 19
Repealing Exemption Under FARA for LDA Registration.............................................. 20
Restricting Certain Former Officials From Acting as Foreign Agents ............................... 21
Other Considerations for Congress................................................................................... 23
Provide Additional Funding and/or Staffing for Administration or Enforcement ................ 23
Combine FARA and LDA Administration.................................................................... 23
Concluding Observations ............................................................................................... 24

Figures
Figure 1. Exemptions to Registration Under the Foreign Agents Registration Act.................... 14
Figure 2. Example of FARA Informational Materials Label Requirements ............................. 15

Tables

Table A-1. Foreign Agent Registration Act (FARA) Definitions............................................ 26

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Appendixes
Appendix. Foreign Agent Registration Act (FARA) Definitions............................................ 26

Contacts
Author Information ....................................................................................................... 28


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authority, repealing or amending certain FARA exemptions, requiring disclosure of exemption usage, and restricting certain former officials from registering as foreign agents. On June 8, 1938, President Franklin D. Roosevelt signed the Foreign Agents Registration n June 8, 1938, President Franklin D. Roosevelt signed the Foreign Agents Registration
Act (FARA)Act (FARA) into law.1.¹ The law sought to The law sought to “"combat the spread of hidden foreign influence combat the spread of hidden foreign influence
O through propaganda in American politics,through propaganda in American politics,”2"² by by “"shining shining ‘'the spotlight of pitiless the spotlight of pitiless
publicity’publicity' on such propaganda. on such propaganda.”3 Specifical y"³ Specifically, FARA responded to foreign influence concerns by , FARA responded to foreign influence concerns by
creating a system designed creating a system designed “"to identify agents of foreign principals who might engage in to identify agents of foreign principals who might engage in
subversive acts or in spreading foreign propaganda and to require them to make public record of subversive acts or in spreading foreign propaganda and to require them to make public record of
the nature of their employment.the nature of their employment.”4"⁴
Today, the Department of Justice (DOJ) administers FARA, and the law Today, the Department of Justice (DOJ) administers FARA, and the law “"requires certain agents requires certain agents
of foreign principals who are engaged in politicalof foreign principals who are engaged in political activities or other activities specified under the activities or other activities specified under the
statute to make periodic public disclosure of their relationship with the foreign principal, as statute to make periodic public disclosure of their relationship with the foreign principal, as wel
well as activities, receipts and disbursements in support of those activities.as activities, receipts and disbursements in support of those activities.”5"⁵ FARA FARA “"neither prohibits neither prohibits
representation of foreign interests in the United States nor prevents dissemination of foreign representation of foreign interests in the United States nor prevents dissemination of foreign
propaganda.propaganda.”6"⁶ Instead, the act provides only for public disclosure of any such activities, Instead, the act provides only for public disclosure of any such activities,77 which is which is
seen by some as a protection of individualsseen by some as a protection of individuals’' First Amendment rights to speech and petition. First Amendment rights to speech and petition.⁸ 8
This report traces the history of the Foreign Agents Registration Act. It begins with a legislative This report traces the history of the Foreign Agents Registration Act. It begins with a legislative
history of FARA, including its enactment in 1938 and major amendments in 1942, 1966, and history of FARA, including its enactment in 1938 and major amendments in 1942, 1966, and
1995. It next includes a section-by-section analysis of the current law. Then, issues for Congress 1995. It next includes a section-by-section analysis of the current law. Then, issues for Congress
are considered. These issues include recent legislative proposals to amend aspects of FARA and are considered. These issues include recent legislative proposals to amend aspects of FARA and
other administrative considerations. This report does not include issues related to foreign other administrative considerations. This report does not include issues related to foreign
interference in elections or campaign finance, which are not directly covered by FARA.interference in elections or campaign finance, which are not directly covered by FARA.⁹9
Foreign Influence Concerns Prior to World War II
During the Revolutionary War, the Continental Congress had entered into a foreign During the Revolutionary War, the Continental Congress had entered into a foreign al iancealliance with with
France to help the colonies defeat the British.France to help the colonies defeat the British.1010 After the war, the Founders grew After the war, the Founding Fathers grew

1 P.L. 75-583, 52 Stat. 631, June 8, 1938.
2 U.S. Department of Justice, Office of Public Affairs, “Department of Justice Posts Advisory Opinions on FARA.Gov
Website,” press release, June 8, 2019.
3 Karim G. Lynn, “Unconstitutional Institutions: Political Propaganda and the Foreign Agents Registration Act,” New
York Law School Law Review, vol. 33, no. 2 (1988), p. 346.
4 Vierick v. United States, 318 U.S. 236, 241 (1943). See also, U.S. Congress, House Committee on the Judiciary,
Lobbying Disclosure Act of 1995, report to accompany H.R. 2564, 104th Cong., 1st sess., November 14, 1995, H.Rept.
104-339, part 1 (Washington: GPO, 1995), pp. 5 -8.
5 U.S. Department of Justice, “Foreign Agents Registration Act,” at https://www.justice.gov/nsd-fara.
6 Philip J. Perry, “Recently Proposed Reforms to the Foreign Agents Registration Act,” Cornell International Law
Journal, vol. 23, no. 1 (Winter 1990), p. 133.
7 U.S. Congress, House Committee on the Judiciary, Foreign Propaganda, report to accompany H.R. 1591, 75th Cong.,
1st sess., July 30, 1937, H.Rept. 1381 (Washington: GPO, 1937), p. 2.
8 Ava Marion Plakins, “Heat Not Light: T he Foreign Agents Registration Act after Meese v. Keene,” Fordham
International Law Journal, vol. 11, no 1 (1987), pp. 184-207; and Nick Robinson, “ ‘Foreign Agents’ in an
Interconnected World: FARA and the Weaponization of T ransparency,” Duke Law Journal, vol. 69 (2020), pp. 1075-
1147, at https://scholarship.law.duke.edu/dlj/vol69/iss5/2.
9 For more information on foreign involvement in campaigns and campaign finance, see CRS Report R46146,
Cam paign and Election Security Policy: Overview and Recent Developm ents for Congress, coordinated by R. Sam
Garrett ; and CRS In Focus IF10697, Foreign Money and U.S. Cam paign Finance Policy, by R. Sam Garrett .
10 For example, see C.H. Van T yne, “Influence which Determined the French Government to Make the T reaty with
America, 1778,” The American Historical Review, vol. 21, no. 3 (April 1916), pp. 528-541; C.H. Van T yne, “French
Aid Before the Alliance of 1778,” The American Historical Review, vol. 31, no. 1 (October 1925), pp. 20-40; and
Orville T . Murphy, “T he Battle of Germantown and the Franco -American Alliance of 1778,” The Pennsylvania
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concerned about the potential influence of foreign powers on the development of the United concerned about the potential influence of foreign powers on the development of the United
States.States.1111 Accordingly, the Constitution contains a specific provision against the acceptance of an Accordingly, the Constitution contains a specific provision against the acceptance of an
emolument, office, or title granted by a foreign state.emolument, office, or title granted by a foreign state.1212
President George Washington also addressed foreign influence. In his 1796 President George Washington also addressed foreign influence. In his 1796 farewel farewell address, address,
President Washington wrote:President Washington wrote:
Against the insidiousAgainst the insidious wiles of foreign influence (Iwiles of foreign influence (I conjure you to believe me,conjure you to believe me, fellow fellow
citizens) the jealousy of a free people ought to be citizens) the jealousy of a free people ought to be constantly awake, since history and awake, since history and
experience prove that foreign influence isexperience prove that foreign influence is one ofone of the most baneful foes of republican the most baneful foes of republican
government.government.¹³ 13
After WashingtonAfter Washington’'s address, foreign influence continued to be an issue for the government. In the s address, foreign influence continued to be an issue for the government. In the
early days of the republic, several incidents brought the role of foreign influence to prominence. early days of the republic, several incidents brought the role of foreign influence to prominence.
In 1808, for example, the House of Representatives agreed to a resolution creating a committee to In 1808, for example, the House of Representatives agreed to a resolution creating a committee to
investigate investigate al egationsallegations that General James Wilkinson, General of the Army, was a Spanish that General James Wilkinson, General of the Army, was a Spanish
agent.agent.1414 Although General Wilkinson was ultimately acquitted after an investigation, Although General Wilkinson was ultimately acquitted after an investigation,1515 the the
ongoing interest by foreign governments to influence American public policy was perceived as a ongoing interest by foreign governments to influence American public policy was perceived as a
continuing threat for much of the next century.continuing threat for much of the next century.1616
Balancing constitutional protections of free speech and the right to petition against foreign Balancing constitutional protections of free speech and the right to petition against foreign
influence has influence has historical y been a chal enge.17historically been a challenge.¹⁷ The right to petition the government has long been The right to petition the government has long been
considered a protected and considered a protected and “preferred”"preferred" freedom freedom “"enshrined in the First Amendment."¹⁸ Rooted in English common law,¹⁹enshrined in the First Amendment.”18 Rooted in

Magazine of History and Biography, vol. 82, no. 1 (January 1958), pp. 55 -64.
11 Gouverneur Morris, among others, expressed this concern on July 5, 1787, during discussions about the Constitution.
T he Records of the Federal Convention of 1787 note that Morris said: “ How far foreign powers would be ready to take
part in the confusions he would not say. T hreats that they will be invited have it seems been thrown out. He drew the
melancholy picture of foreign intrusions as exhibited in the History of Germany, and urged it as a standing lesson to
other nations.” Records of the Federal Convention of 1787, edited by Max Farrand, vol. 1 (New Haven: Yale
University Press, 1911), p. 530, at https://memory.loc.gov/cgi-
bin/query/r?ammem/hlaw:@field(DOCID+@lit(fr001157)):.
12 U.S. Constitution, Article I, section 9, clause 8. For more information on the Emoluments Clause, see CRS In Focus
IF11086, The Em olum ents Clauses of the U.S. Constitution , by Kevin J. Hickey and Michael A. Foster.
13 U.S. Senate, United States Senate Historical Office, Washington’s Farewell Address to the People of the United
States, S.Pub. 115-5 (Washington: GPO, 2017), pp. 20-21, at https://www.senate.gov/artandhistory/history/resources/
pdf/Washingtons_Farewell_Address.pdf.
14 “General Wilkinson,” House debate, Annuals of the Congress of the United States, vol. 18 (January 18, 1808), pp.
1461-1462. General Wilkinson was given back his commission by President James Madison on February 14, 1812. In
explaining why General Wilkinson was being recommissioned, President Madison wrote “that although there are
instances in the Court, as well as in the conduct of the Officer on trial, which are evidently and justly objectionable, his
acquittal of the several charges agst.[sic] him is approved, and his sword is accordingly ordered to be restored.” Andro
Linklater, An Artist in Treason: The Extraordinary Double Life of General Jam es Wilkinson (New York: Walker
Publishing Company, 2009), p. 294.
15 T homas Robson Hay, “Some Reflections on the Career of General James Wilkinson,” The Mississippi Valley
Historical Review, vol. 21, no. 4 (March 1935), p. 486.
16 For example, as early as 1852, a joint resolution was introduced to reaffirm “t hat governments are instituted among
men to secure the inalienable rights of life, liberty , and the pursuits of happiness” and resolved that the government
“will perseveringly adhere to, as a principle of international action, the advice given by Washington in his Farewell
Address: ... ‘Against the insidious wiles of foreign influence.’” For more information, see “ Non -Intervention,”
Congressional Globe vol. 21 (January 19, 1852), p. 298.
17 U.S. Congress, House Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda,
report pursuant to H.Res. 198, 73rd Congress, 74th Cong., 1st sess., February 15, 1935, H.Rept. 153 (Washington: GPO,
1935), p. 2.
18 Edmund G. Brown. “T he Right to Petition: Political or Legal Freedom,” UCLA Law Review, vol. 8, issue 3 (July
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English common law,19 the colonists brought the right to petition with them to the New World, the colonists brought the right to petition with them to the New World,
and it became engrained in American life.and it became engrained in American life.20 General y20 Generally, the right to petition focuses on the ability , the right to petition focuses on the ability
of citizens to contact their elected officials through various means. This might include traditional of citizens to contact their elected officials through various means. This might include traditional
forms of petition (e.g., postcards, form letters, documents signed by multiple citizens) as forms of petition (e.g., postcards, form letters, documents signed by multiple citizens) as wel well as as
the abilitythe ability to hire representation to lobby the government.to hire representation to lobby the government.2121 Consequently, laws that address Consequently, laws that address
advocacy and foreign influence have foreign influence have general ygenerally avoided censorship in favor of transparency in order to avoided censorship in favor of transparency in order to “"preserve preserve
in this country the freedom of speech and freedom of the press.in this country the freedom of speech and freedom of the press.”22
"²² Foreign Agents Registration Act of 1938
The idea of regulating foreign influence dates to at least the early 1900s, when the first pieces of The idea of regulating foreign influence dates to at least the early 1900s, when the first pieces of
legislation legislation that aimed at directly addressing the real or perceived possibility of foreign influence that aimed at directly addressing the real or perceived possibility of foreign influence
in American politics were introduced. These measures in American politics were introduced. These measures general ygenerally would have required the registration of required the registration of
individuals individuals or groups seeking to influence public policy or promote propaganda. Some measures or groups seeking to influence public policy or promote propaganda. Some measures
would have banned certain classes of individuals from acting as foreign agents. For example, in would have banned certain classes of individuals from acting as foreign agents. For example, in
1917, three measures were introduced in the House. These would have required the filing of 1917, three measures were introduced in the House. These would have required the filing of
certain information by groups and individuals seeking to influence legislationcertain information by groups and individuals seeking to influence legislation or public opinion;or public opinion;23
23 prohibited the making of untrue statements under oath to influence the passage or defeat of prohibited the making of untrue statements under oath to influence the passage or defeat of
measures that dealt with a foreign nation;measures that dealt with a foreign nation;2424 or restricted aliens from acting as foreign agents or restricted aliens from acting as foreign agents
without notification to and consent from the U.S. government.without notification to and consent from the U.S. government.2525 The House did not consider any The House did not consider any
of these measures.of these measures.
Although Congress did not consider any of the 1917 measures or others like them, in 1918, the Although Congress did not consider any of the 1917 measures or others like them, in 1918, the
Senate Judiciary Committee empaneled a subcommittee to investigate German and Bolshevik Senate Judiciary Committee empaneled a subcommittee to investigate German and Bolshevik
propaganda.propaganda.2626 The subcommittee found that German and Bolshevik brewing and liquor interests The subcommittee found that German and Bolshevik brewing and liquor interests
had
had furnished large sums of money for the purpose of secretly controlling newspapers and furnished large sums of money for the purpose of secretly controlling newspapers and
periodicals … contributed enormous sums of money to political campaigns in violation of periodicals … contributed enormous sums of money to political campaigns in violation of
the Federal statues and the statues of several of the states … [and] subsidized authors of

1961), p. 730.
19 In 1628, the English Parliament “ forced the King [Charles I] to assent to the Petition of Right. T his asked for
settlement of Parliament’s complaints against the King’s non-parliamentary taxation and imprisonments without trial,
plus the unlawfulness of martial law and forced billets.” For more information see, United Kingdom Parliament, “ The
Civil War: Charles I and the Petition of Right,” Living Heritage, at http://www.parliament.uk/about/living-heritage/
evolutionofparliament/parliamentaryauthority/civilwar/overview/petition-of-right.
20 Stephen A. Higginson, “ A Short History of the Right to Petition Government for the Redress of Grievances, ” The
Yale Law Journal, vol. 96, no. 1 (November 1986), pp. 142-166; and Norman B. Smith, “ ‘Shall Make No Law
Abridging ... ’: An Analysis of the Neglected, But Nearly Absolute, Right of Petition,” University of Cincinnati Law
Review, vol. 54, no. 4 (1986), pp. 1153 -1197.
21 Maggie McKinley, “Lobbying and the Petition Clause,” Stanford Law Review, vol. 68, issue 5 (May 2016), pp. 1131-
1206; and Nicholas W. Allard, “Lobbying Is an Honorable Profession: T he Right to Petition and the Competition to Be
Right,” Stanford Law & Policy Review, vol. 19, no. 1 (2008), pp. 23-69.
22 T estimony of Carl J. Austrian, American-Jewish Committee, in U.S. Congress, House Committee on the Judiciary,
Subcommittee No. 1, To Require the Registration of Certain Persons Em ployed by Agencies To Dissem inate
Propaganda in the U.S., hearing on H.R. 1591, 75th Cong., 1st sess., June 16, 1937, unpublished (Washington: GPO,
1937), p. 28.
23 H.R. 5287 (65th Congress), introduced August 24, 1917.
24 H.R. 2585 (65th Congress), introduced April 10, 1917.
25 H.R. 2583 (65th Congress), introduced April 10, 1917.
26 S.Res. 307 (66th Congress), agreed to February 16, 1920.
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the Federal statues and the statues of several of the states … [and] subsidized authors of recognized standing in literary circles to write articles of their selection for many standard recognized standing in literary circles to write articles of their selection for many standard
periodicals.periodicals.²⁷ 27
With the rise of Nazism in 1930s Germany, concern about foreign propaganda and influence grew With the rise of Nazism in 1930s Germany, concern about foreign propaganda and influence grew
in the United States.in the United States.2828 To address the growing threat of propaganda, the House of Representatives To address the growing threat of propaganda, the House of Representatives
created the Special Committee on Un-American Activities in 1934.created the Special Committee on Un-American Activities in 1934.2929 The special committee was The special committee was
instructed to conduct aninstructed to conduct an
investigation of (1) the extent, character, and objects of Nazi propaganda activities in the investigation of (1) the extent, character, and objects of Nazi propaganda activities in the
United States, (2) the diffusion within the United States of subversive propaganda that is United States, (2) the diffusion within the United States of subversive propaganda that is
instigated from foreign countries and attacks the principle of the form of government as instigated from foreign countries and attacks the principle of the form of government as
guaranteed by our Constitution, and (3) all other questions in relation thereto that would guaranteed by our Constitution, and (3) all other questions in relation thereto that would
aid Congress in any necessary remedial legislation.aid Congress in any necessary remedial legislation.³⁰ 30
In February 1935, the special committee issued its findings to the House.In February 1935, the special committee issued its findings to the House.3131 After a thorough After a thorough
investigation, the special committee made several recommendations, includinginvestigation, the special committee made several recommendations, including
1. 1. enacting legislationenacting legislation to require representatives of foreign governments, political to require representatives of foreign governments, political
parties, or companies to register with the government;parties, or companies to register with the government;
2. 2. restricting the length of stay of foreigners engaged in propaganda activities;restricting the length of stay of foreigners engaged in propaganda activities;
3. al owing 3. allowing the prosecution of witnesses who refuse to cooperate with congressional the prosecution of witnesses who refuse to cooperate with congressional
committees;
4. and prohibiting individuals committees; and 4. prohibiting individuals from advocating for from advocating for “"the overthrow or destruction by the overthrow or destruction by
force and violence of the Government of the United States.force and violence of the Government of the United States.”32
"³² In the In the 75th75^th Congress (1937-1938), Representative John McCormack, former chair of the special Congress (1937-1938), Representative John McCormack, former chair of the special
committee, introduced the committee, introduced the bil bill that would become FARA.that would become FARA.3333 H.R. 1591, as introduced, would have H.R. 1591, as introduced, would have
required required “al "all persons who are in the United States for political propaganda purposes ... to register persons who are in the United States for political propaganda purposes ... to register
with the State Department and to supply information about their political propaganda activities, with the State Department and to supply information about their political propaganda activities,
their employers, and the terms of their contracts.their employers, and the terms of their contracts.”34
"³⁴ In his testimony on foreign influence legislationIn his testimony on foreign influence legislation before a subcommittee of the House Judiciary before a subcommittee of the House Judiciary
Committee, Representative McCormack testified on the need for registration and disclosure Committee, Representative McCormack testified on the need for registration and disclosure
legislation. He said:legislation. He said:
Now what is the evidence? Naturally you gentlemen would ask the question Now what is the evidence? Naturally you gentlemen would ask the question “"What is the What is the
evidence; what is the necessity for this?evidence; what is the necessity for this?”" We found during our investigation that Ivy L. We found during our investigation that Ivy L.
Lee,Lee, one of the biggest and most powerful public relations firms [in]one of the biggest and most powerful public relations firms [in] this country was this country was
indirectly in the employ of the German Government. Now I say indirectly. How was it?

27 U.S. Congress, Senate Committee on the Judiciary, Brewing and Liquor Interests and German and Bolshevik
Propaganda, pursuant to S.Res. 307 and 439 (65th Congress), 66th Cong., 1st sess., July 28, 1919, S.Doc. 62, vol. 1
(Washington: GPO, 1919), pp. v-vi.
28 U.S. Congress, Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda, 74th
Cong., 1st sess., February 15, H.Rept. 153 (Washington: GPO, 1935), p. 2.
29 H.Res. 198 (73rd Congress), agreed to March 20, 1934.
30 H.Res. 198 (73rd Congress).
31 U.S. Congress, Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda, 74th
Cong., 1st sess., February 15, H.Rept. 153 (Washington: GPO, 1935).
32 Ibid., p. 25.
33 “Public Bills and Resolutions,” Congressional Record, vol. 81, part 1 (January 5, 1937), p. 34.
34 U.S. Congress, House Committee on the Judiciary, Foreign Propaganda, report to accompany H.R. 1591, 75th
Cong., 1st sess., July 30, 1937, H.Rept. 1381 (Washington: GPO, 1937), p. 2.
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indirectly in the employ of the German Government. Now I say indirectly. How was it? They were employed by a Swiss firm,They were employed by a Swiss firm, foreign industry, controlled by the German dye foreign industry, controlled by the German dye
industry, and Mr. Lee in his own testimony admitted when he was making his report to his industry, and Mr. Lee in his own testimony admitted when he was making his report to his
principals that he knew the report was going to the members of the German Government, principals that he knew the report was going to the members of the German Government,
his reports, he admitted, were strictly political advice, advising as to what kind of speeches his reports, he admitted, were strictly political advice, advising as to what kind of speeches
the members ofthe members of the Germanthe German Government should make forGovernment should make for consumption in the United consumption in the United
States; advising them on different questions. That will all be shown in the evidence which States; advising them on different questions. That will all be shown in the evidence which
this subcommittee obtained fromthis subcommittee obtained from him him during the short whileduring the short while it it was engaged inwas engaged in this this
investigation.investigation.35
After the35 The House and Senate passed different versions of the House and Senate passed different versions of the bil sbills between August 1937 and May between August 1937 and May
1938,36 they reconciled their differences and President Roosevelt signed the act into law1938.³⁶ Legislation that reconciled the House and Senate differences was signed into law by President Franklin D. Roosevelt on June on June
8, 1938.8, 1938.3737
As enacted, As enacted,3838 FARA required certain persons—agents of a foreign FARA required certain persons—agents of a foreign principal39principal³⁹—to register with —to register with
the Secretary of State and disclose certain information when they represented foreign entities—the Secretary of State and disclose certain information when they represented foreign entities—
foreign foreign principals40—as “principals⁴⁰—as "a public-relations counsel, publicity agent, or as agent, servant, a public-relations counsel, publicity agent, or as agent, servant,
representative, or attorney.representative, or attorney.”41"⁴¹ Registration was required to be made Registration was required to be made “"under oathunder oath”" within 30 days within 30 days
and include information about the registrantand include information about the registrant’'s contact information, contacts, compensation, and s contact information, contacts, compensation, and
foreign principals represented.foreign principals represented.4242 Recertification was required every six Recertification was required every six months43months⁴³ and the and the
Secretary of State was required to keep records permanently.Secretary of State was required to keep records permanently.4444 The law also carried penalties for The law also carried penalties for
noncompliance that included the potential for fines and prison time.45

35 T estimony of Representative John McCormack, in U.S. Congress, House Committee on the Judiciary, Subcommittee
No. 1, To Require the Registration of Certain Persons Em ployed by Agencies To Dissem inate Propaganda in the U.S.,
hearing on H.R. 1591, 75th Cong., 1st sess., June 16, 1937, unpublished (Washington: GPO, 1937), p. 4.
36 For more information on the debate and legislative process, see “Foreign Propaganda,” debate in the House,
Congressional Record, vol. 81, part 7 (August 3, 1937), pp. 8037-8038; “ Dissemination of Propaganda in the United
States,” debate in the Senate, Congressional Record, vol. 83, part 6 (May 17, 1938), pp. 7052-7053; “Registration of
Persons Employed to Disseminate Propaganda—Conference Report,” Congressional Record, vol. 83, part 7 (May 27,
1938), pp. 7619-7620; and “ Registration of Certain Persons Disseminating Propaganda,” Congressional Record, vol.
83, part 7 (June 2, 1938), pp. 8021 -8022.
37 “Message from the President,” Congressional Record, vol. 83, part 8 (June 9, 1938), p. 8636.
38 P.L. 75-583, 52 Stat. 631, June 8, 1938.
39 P.L. 75-853, §1(d). An agent of a foreign principal means “any person who acts or engages or agrees to act as a
public-relations counsel, publicity agent, or as agent, servant, representative, or attorney for a foreign principal or for
any domestic organization subsidized directly or indirectly in whole or in part by a foreign principal. Such term shall
not include a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the
Department of State of the United States, nor a person, other than a public-relations counsel, or publicity agent,
performing only private, nonpolitical, financial, mercantile, or other activities in furthera nce of the bona fide trade or
commerce of such foreign principal.”
40 P.L. 75-853, §1(c). A foreign principal means “the government of a foreign country, a political party of a foreign
country, a person domiciled abroad, or any foreign business, partnership , association, corporation, or political
organization.”
41 P.L. 75-853, §1(d).
42 P.L. 75-853, §2.
43 P.L. 75-853, §3.
44 P.L. 75-853, §4.
45 P.L. 75-853, §5.
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Amendments to FARA
noncompliance that included the potential for fines and prison time.⁴⁵ Amendments to FARA As enacted, FARA required the registration and disclosure of information by individuals and As enacted, FARA required the registration and disclosure of information by individuals and
groups engaged in propaganda activities in the United States on behalf of a foreign principal groups engaged in propaganda activities in the United States on behalf of a foreign principal
client. After approximately a year of implementation, the law was amended to make some client. After approximately a year of implementation, the law was amended to make some
technical changes totechnical changes to
5. broaden the definitionbroaden the definition of of “"foreign principalforeign principal”" to include domestic entities funded to include domestic entities funded
by foreign principals;by foreign principals;
6. expand the definitionexpand the definition of of “"agent of a foreign principalagent of a foreign principal”" to include individuals to include individuals
compensated by or under the direction of a foreign principal;compensated by or under the direction of a foreign principal;
7. clarify the application of the accredited or consular officers of foreign clarify the application of the accredited or consular officers of foreign
governments exemption to require that such individuals must be on record with governments exemption to require that such individuals must be on record with
the State Department; andthe State Department; and
8. al ow allow the Secretary of State to remove from public scrutiny records from the Secretary of State to remove from public scrutiny records from
terminated foreign agents.terminated foreign agents.46
46Since these amendments, the law has been Since these amendments, the law has been substantial ysubstantially revised on three additional occasions to revised on three additional occasions to
respond to the changing nature of representation of foreign entities in the United States. These respond to the changing nature of representation of foreign entities in the United States. These
changes, which occurred in 1942, 1966, and 1995, have reoriented the law away from propaganda changes, which occurred in 1942, 1966, and 1995, have reoriented the law away from propaganda
activities and toward foreign advocacy and lobbying. This section provides an overview of these activities and toward foreign advocacy and lobbying. This section provides an overview of these
amendments and how they changed FARA.amendments and how they changed FARA.
1942 Amendments
As the implementation of FARAAs the implementation of FARA, (as amendedas amended,) continued, observers began to note that even with continued, observers began to note that even with
the 1939 modifications the law was not necessarily capturing the information thought necessary
modifications to the law in 1939,⁴⁷ the information collected through FARA was insufficient to understand foreign propaganda efforts.to understand foreign propaganda efforts.4748 As early as July 1937—before the enactment of FARA As early as July 1937—before the enactment of FARA
in 1938—the House had empaneled a second Un-American Activities Committee to continue the in 1938—the House had empaneled a second Un-American Activities Committee to continue the
investigations begun by the McCormack committee in 1934.investigations begun by the McCormack committee in 1934.4849 Chaired by Representative Martin Chaired by Representative Martin
Dies, Jr., the committee was charged, in part, with differentiating between anti-American Dies, Jr., the committee was charged, in part, with differentiating between anti-American
propaganda that was designed to subvert the government and ideas that might be propaganda that was designed to subvert the government and ideas that might be “"unorthodox,unorthodox,”
" but which were intended to strengthen the American form of democracy.but which were intended to strengthen the American form of democracy.49
50 The Dies committee issued several reports in the early 1940s,The Dies committee issued several reports in the early 1940s,5051 and its work indirectly led to an and its work indirectly led to an
effort to make FARA more effective. Although FARAeffort to make FARA more effective. Although FARA had resulted in had resulted in “"some successful prosecutions under the existing statute,"⁵² the House Judiciary Committee believed "some successful

46 U.S. Congress, House Committee on the Judiciary, Amending the Act Requiring Registration of Agents of Foreign
Principals, report to accompany H.R. 5988, 76 th Cong., 1st sess., May 31, 1939, H.Rept. 711 (Washington: GPO, 1939),
pp. 1-2. See also, U.S. Congress, Senate, Committee on the Judiciary, Am ending the Act Requiring Registration of
Agents of Foreign Principals, report to accompany H.R. 5988, 76 th Cong., 1st sess, July 25, 1939, S.Rept. 902
(Washington: GPO, 1939), pp. 1-2.
47 Bruce Lannes Smith, “Democratic Control of Propaganda through Registration and Disclosure I,” Public Opinion
Quarterly, vol. 6, no. 1 (Spring 1942), pp. 27-40; and Bruce Lannes Smith “ Democratic Control of Propaganda through
Registration and Disclosure II,” Public Opinion Quarterly, vol. 7, no. 4 (Winter 1943), pp. 707-719.
48 H.Res. 282 (75th Congress).
49 U.S. Congress, House, Special Committee on Un-American Activities, Investigation of Un-American Propaganda
Activities in the United States, report pursuant to H.Res. 282 (75th Cong.) and H.Res. 26 (76th Cong), 77th Cong., 1st
sess., H.Rept. 1, January 3, 1941 (Washington: GPO, 1941), p. 1.
50 U.S. Congress, House, Special Committee on Un-American Activities, Investigation of Un-American Propaganda
activities in the United States, report pursuant to H.Res. 282 (75th Cong.) and H.Res. 26 (76th Cong), 76th Cong., 3rd
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prosecutions under the existing statute,”51 the House Judiciary Committee believed “that the act that the act
can be made even more effective and valuable in the regulation of the important activities which can be made even more effective and valuable in the regulation of the important activities which
it covers.it covers.”52
"⁵³ In late 1941, Representative Hatton Sumners introduced H.R. 6269 to amend FARAIn late 1941, Representative Hatton Sumners introduced H.R. 6269 to amend FARA
to protect the national defense, internal security, and foreign relations of the United States to protect the national defense, internal security, and foreign relations of the United States
by requiring public disclosure by persons engagingby requiring public disclosure by persons engaging in propaganda activities and other in propaganda activities and other
activities for oractivities for or on behalf ofon behalf of foreign governments, foreign political parties, andforeign governments, foreign political parties, and other other
foreign principals, so that the Government and the people of the United States may be foreign principals, so that the Government and the people of the United States may be
informed of the identity of such persons and may appraise their statements and actions in informed of the identity of such persons and may appraise their statements and actions in
the light of their association and activities.the light of their association and activities.5354
Although H.R. 6269 passed Congress in January 1942, Although H.R. 6269 passed Congress in January 1942,5455 President Franklin D. Roosevelt vetoed President Franklin D. Roosevelt vetoed
the measure.the measure.5556 In his veto message, President Roosevelt wrote: In his veto message, President Roosevelt wrote:
This billThis bill was drafted in peacetime to protect a nation at peace. …was drafted in peacetime to protect a nation at peace. … The bill,The bill, however, however,
obviously was not drafted with a view to the situation created by the Axis assault upon our obviously was not drafted with a view to the situation created by the Axis assault upon our
country and our entry into the war in fighting partnership with 25 united nations and in country and our entry into the war in fighting partnership with 25 united nations and in
active cooperation with other nations whose defense we deem vital to our own defense.active cooperation with other nations whose defense we deem vital to our own defense.
To To achieve victory weachieve victory we must bemust be certain there iscertain there is a minimum of a minimum of interference with the interference with the
strengthening and perfecting of joint action. Active collaboration of a military or economic strengthening and perfecting of joint action. Active collaboration of a military or economic
nature with friendly countries requires the fullest and most constant exchange of
nature with friendly countries requires the fullest and most constant exchange of representatives between us. … It is far from clear that the requirements of this legislation representatives between us. … It is far from clear that the requirements of this legislation
would not in many would not in many instanceinstances be unnecessary, inappropriate, and onerous in respect to the be unnecessary, inappropriate, and onerous in respect to the
representatives of friendly nations who are constantly coming to and from the United States representatives of friendly nations who are constantly coming to and from the United States
to cooperate with us.56

sess., January 3, 1940, H.Rept. 1476 (Washington: GPO, 1940); and U.S. Congress, House, Special Committee on Un -
American Activities, Special Report on Subversive Activities Aim ed at Destroying Our Representative Form of
Governm ent, report pursuant to H.Res. 282 (75th Cong.) and H.Res. 26 (76th Cong), 77th Cong., 2nd sess., June 25, 1942,
H.Rept. 2277 (Washington: GPO, 1941).
51 U.S. Congress, House, Committee on the Judiciary, Amending the Act Requiring the Registration of Foreign Agents,
report to accompany H.R. 6269, 77th Cong., 1st sess., December 18, 1941, H.Rept. 1547 (Washington: GPO, 1941), p.
1.
52 Ibid., pp. 1-2.
53 H.R. 6269 (77th Congress); “Public Bills and Resolutions,” Congressional Record, vol. 87, part 9 (December 17,
1941), p. 9949. H.R. 6269 was reported by the House Judiciary Committee on December 18, 1941; passed the Senate,
with amendments, on January 12, 1942; and the conference report was agreed to in the House and Senate on January
28, 1942. Senate passage: “Registration of Propagandists,” Congressional Record, Senate debate, vol. 88, part 1
(January 12, 1942); Senate agreement to Conference Report: “Registration of Propagandists—Conference Report,”
Congressional Record, vol. 88, part 1 (January 28, 1942), p. 791; and House agreem ent to conference report:
“Amending the Foreign Agents’ Registration Act,” Congressional Record, vol. 88, part 1 (January 28, 1942), p. 797.
54 U.S. Congress, House, Committee on the Judiciary, Amending the Act Requiring Registration of Foreign Agents,
report to accompany S. 2399, 77th Cong., 2nd sess., April 20, 1942, H.Rept. 2038 (Washington: GPO, 1942), p. 1.
55 U.S. Congress, House, Message from the President of the United States Transmitting without Approval, H.R. 6269, A
Bill to Amend the Act Entitled “An Act to Require the Registration of Certain Persons Employed by Agencies to
Disseminate Propaganda in the United States, and for Other Purposes,” Approved June 8, 1938, as Amended , 77th
Cong., 2nd sess., February 9, 1942, H.Doc. 611 (Washington: GPO, 194 2).
56 Ibid., pp. 1-2.
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to cooperate with us.⁵⁷ Congress responded with new legislation to address President RooseveltCongress responded with new legislation to address President Roosevelt’'s concerns by adding an s concerns by adding an
exemption for exemption for “"agents of countries deemed vital to defense of the U.S.agents of countries deemed vital to defense of the U.S.”57"⁵⁸ President Roosevelt President Roosevelt
signed the new signed the new bil bill into law on Aprilinto law on April 29, 1942.29, 1942.58
59 As enacted, the amendments to FARA expanded the definitions of As enacted, the amendments to FARA expanded the definitions of “"persons who are considered to persons who are considered to
be foreign principals and foreign agents.be foreign principals and foreign agents.”59"⁶⁰ The amendments also The amendments also
 transferred administration of the law to the Department of Justice from the transferred administration of the law to the Department of Justice from the
Department of State;Department of State;60
 61 expanded information required in initialexpanded information required in initial registration statements and supplemental registration statements and supplemental
disclosures;61
 disclosures;⁶² created exemptions for accredited diplomats or consular officers, non-public created exemptions for accredited diplomats or consular officers, non-public
relations counsels, officials of recognized foreign governments, diplomatic or relations counsels, officials of recognized foreign governments, diplomatic or
consular staff, individuals engaged in bona fide trade, religious, and educational consular staff, individuals engaged in bona fide trade, religious, and educational
activities, and agents of countries deemed vital to the defense of the United activities, and agents of countries deemed vital to the defense of the United
States;States;62
 63 defined defined “"political propagandapolitical propaganda”63"⁶⁴ and required submission of propaganda and required submission of propaganda
materials to the Attorney General and the Library of Congress, with appropriate materials to the Attorney General and the Library of Congress, with appropriate
labeling;labeling;64
 65 required preservation of records and required preservation of records and al owanceallowance for public inspection; for public inspection;65 and
 66 and established penalties for noncompliance.established penalties for noncompliance.66
67 1966 Amendments
Following the 1942 amendments, FARA implementationFollowing the 1942 amendments, FARA implementation and enforcement focused on propaganda and enforcement focused on propaganda
and the dissemination of information and the dissemination of information potential ypotentially harmful to America harmful to America’'s democracy.s democracy.6768 After World After World
War II, Nazi propaganda was no longer a specific worry and, as a result, the statute reportedly

57 U.S. Congress, Senate, Committee on the Judiciary, Amendments to the Act of June 8, 1938, as Amended, Requiring
the Registration of Agents of Foreign Principals, report to accompany S. 2399, 77th Cong., 2nd sess., S.Rept. 1227
(Washington: GPO, 1942), p. 3; and U.S. Congress, House, Committee on the Judiciary, Am ending the Act Requiring
Registration of Foreign Agents, report to accompany S. 2399, 77th Cong., 2nd sess., H.Rept. 2038 (Washington: GPO,
1942), p. 3.
58 “Registering of Persons Disseminating Propaganda,” Congressional Record, vol. 77, part 3 (March 30, 1942), p.
3178; and P.L. 532, 56 Stat. 248, April 29, 1942.
59 U.S. Department of Justice, The Foreign Agents Registration Act of 1938, As Amended and the Rules and
Regulations Prescribed by the Attorney General, Washington, DC, 1942, p. 2.
60 P.L. 532, §2.
61 P.L. 532, §1(2).
62 P.L. 532, §1(3).
63 P.L. 532, §1(1)(j).
64 P.L. 532, §1(4)
65 P.L. 532, §1(5)-(6).
66 P.L. 532, §1(8).
67 David L. Simiele, “Disclosure Under the Foreign Agents Registration Act of 1938, as Amended, Note,” Western
Reserve Law Review, vol. 14, issue 3 (June 1963), p. 579-590.
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War II, Nazi propaganda was no longer a specific worry and, as a result, the statute reportedly went largely unenforced by the Department of Justice,went largely unenforced by the Department of Justice,6869 with approximately nine FARA cases with approximately nine FARA cases
prosecuted by the department through the early 1960s.prosecuted by the department through the early 1960s.69
70 In the 1960s, during congressional consideration of the Sugar Act Amendments of 1962, In the 1960s, during congressional consideration of the Sugar Act Amendments of 1962,
“"lobbying by representatives of foreign governments reached something of an lobbying by representatives of foreign governments reached something of an al all-time high in -time high in
intensity.intensity.”70"⁷¹ As a result of perceived As a result of perceived “"aggressive lobbying by foreign representatives over the aggressive lobbying by foreign representatives over the
periodic periodic real ocationreallocation of the sugar quota, of the sugar quota,”71"⁷² Congress began to take Congress began to take ana more active interest in active interest in potential y
potentially updating FARA to address these types of activities.updating FARA to address these types of activities.
At that time, the Senate Foreign Relations Committee authorized a staff investigation into At that time, the Senate Foreign Relations Committee authorized a staff investigation into
“"nondiplomatic activities of representatives of foreign governments, and the extent to which such nondiplomatic activities of representatives of foreign governments, and the extent to which such
representatives attempt to influence the policies of the United States and affect the national representatives attempt to influence the policies of the United States and affect the national
interest.interest.”72"⁷³ The staff investigation concluded The staff investigation concluded “"there has been an increasing number of incidents there has been an increasing number of incidents
involving attempts by foreign governments, or their agents, to influence the conduct of American involving attempts by foreign governments, or their agents, to influence the conduct of American
foreign policy by techniques outside normal diplomatic channels.foreign policy by techniques outside normal diplomatic channels.”73"⁷⁴ Legislation to address the Legislation to address the
staff reportstaff report’'s concerns was introduced in 1963 to s concerns was introduced in 1963 to “"deal with certain new types of activities by deal with certain new types of activities by
foreign agents with which the original drafters may not have been familiar.foreign agents with which the original drafters may not have been familiar.”74
"⁷⁵ In the In the 89th89^th Congress (1965-1966), legislation was reintroduced to amend FARA and Congress (1965-1966), legislation was reintroduced to amend FARA and which proposed to shift its focus shift its focus
from propaganda to advocacy activities. In his remarks during the Senate debate, Senator from propaganda to advocacy activities. In his remarks during the Senate debate, Senator
Fulbright summarized why the Fulbright summarized why the bil bill was necessary. He said:was necessary. He said:
The basic purpose of the bill is to update the Foreign Agents Registration Act to reflect the The basic purpose of the bill is to update the Foreign Agents Registration Act to reflect the
changes in the nature of the U.S. role in world affairs today. A quarter of a century ago, the changes in the nature of the U.S. role in world affairs today. A quarter of a century ago, the
original targets of this act were the subversive agent and original targets of this act were the subversive agent and propagandis tpropagandist. But as our interests . But as our interests
through the world have multiplied, the efforts of foreign and domestic politics have become through the world have multiplied, the efforts of foreign and domestic politics have become
correspondingly greater and more subtle. The place of the old foreign agent has been taken correspondingly greater and more subtle. The place of the old foreign agent has been taken
by the professional lobbyists and public opinion manipulators whose object is not [to] by the professional lobbyists and public opinion manipulators whose object is not [to]
subvert the Government but to influence its politics to the satisfaction of his client. The subvert the Government but to influence its politics to the satisfaction of his client. The
trench coat has been replaced by the gray flannel suit.trench coat has been replaced by the gray flannel suit.75
76

President Lyndon Johnson signed the FARA amendment into law on June 30, 1966.⁷⁷

As enacted, the FARA amendment was

intended to protect the interests of the United States by requiring complete public disclosure by persons acting for or in President Lyndon Johnson signed the FARA amendment into law on June 30, 1966.76

68 Francis R. O'Hara, “T he Foreign Agents Registration Act -T he Spotlight of Pitiless Publicity,” Villanova Law Review,
vol. 10, no. 3 (Spring 1965), p. 441.
69 Ibid., p. 441; and “ Attorneys under the Foreign Agents Registration Act of 1938,” Harvard Law Review vol. 78, no.
3 (January 1965), pp. 619-634.
70 Daniel M. Berman and Robert A. Heineman, “Lobbying by Foreign Governments on the Sugar Act Amendments of
1962,” Law and Contemporary Problems, vol. 26, no. 2 (Spring 1963), p. 416, at https://scholarship.law.duke.edu/cgi/
viewcontent.cgi?article=2961&context=lcp.
71 U.S. Congress, Senate Committee on Governmental Affairs, Subcommittee on Oversight of Government
Management, The Federal Lobbying Disclosure Laws, 102nd Cong., 1st sess., June 20, July 16, and September 25, 1991,
S.Hrg. 102-377 (Washington: GPO, 1991), p. 487.
72 U.S. Congress, Senate Committee on Foreign Relations, Nondiplomatic Activities of Representatives of Foreign
Governm ents, committee print, 87th Cong., 2nd sess., July 1962 (Washington: GPO, 1962), p. v.
73 Ibid.
74 Sen. James Fulbright, “Amendment of Foreign Agents Registration Act of 1938,” Congressional Record, vol. 109,
part 12 (September 10, 1963), p. 16598. Sen. Fulbright, along with Sen. Bourke Hickenlooper, introduced S. 2136 (88 th
Congress). It passed the Senate in July 1963, but was not considered by the House. U.S. Congress, Senate Committee
on Foreign Relations, Foreign Agents Registration Act, hearing on S. 693, 89th Cong., 1st sess., February 16, 1965
(Washington: GPO, 1965), p. 5.
75 Sen. James Fulbright, “Amendment of Foreign Agents Registration Act,” Senate debate, Congressional Record, vol.
111, part 5 (April 5, 1965), p. 6984.
76 “Messages from the President —Approval of Bills and Joint Resolution,” Congressional Record, vol. 112, part 11
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As enacted, the FARA amendment was
intended to protect the interests of the United States by requiring complete public
disclosure by persons acting for or in the interests of foreign principals where their the interests of foreign principals where their
activities are politicalactivities are political in in nature or border on the political.nature or border on the political. Such public disclosures as Such public disclosures as
required by the act will permit the Government and the people of the United States to be required by the act will permit the Government and the people of the United States to be
informed as to the identities and activities of such persons and so be better able to appraise informed as to the identities and activities of such persons and so be better able to appraise
them and the purposes for which they act.them and the purposes for which they act.77
Specifical y78 Specifically, the amendments to FARA refocused the law on advocacy rather than propaganda., the amendments to FARA refocused the law on advocacy rather than propaganda.78
The amendments
1. 79 The amendments 1. expanded several definitions, includingexpanded several definitions, including the terms the terms “"foreign principalforeign principal”" and and “"agent agent
of a foreign principal,of a foreign principal,”" and added definitions for and added definitions for “"political activitiespolitical activities”" and "political consultant";⁸⁰ 2. and
“political consultant”;79
2. clarified exemptions for individualsclarified exemptions for individuals and companies that are not required to and companies that are not required to
register under the law and provided that the Attorney General can provide for register under the law and provided that the Attorney General can provide for
exemptions by regulation;exemptions by regulation;80
3. 81 3. specified a registration timelinespecified a registration timeline and the content of registration and disclosure and the content of registration and disclosure
statements, including details of campaign contributions;statements, including details of campaign contributions;81
4. 82 4. changed the requirements for labeling and filingchanged the requirements for labeling and filing of politicalof political propaganda;propaganda;8283 and and
5. 5. provided for enforcement authority to the Attorney General and specified provided for enforcement authority to the Attorney General and specified
maximum fines and jailmaximum fines and jail time for noncompliance.time for noncompliance.83
841995 Amendments
In December 1995, Congress created the Lobbying Disclosure Act (LDA) as a replacement for In December 1995, Congress created the Lobbying Disclosure Act (LDA) as a replacement for
the Regulation of Lobbying Act of 1946.the Regulation of Lobbying Act of 1946.8485 The LDA, in the words of one Senator during floor The LDA, in the words of one Senator during floor
debate, debate, “"tightens up the registration and disclosure requirements for the Washington-based tightens up the registration and disclosure requirements for the Washington-based

(July 11, 1966), p. 15066. T he 1966 amendment (S. 693) passed the Senate on April 5, 1965 (“ Amendment to Foreign
Agents Registration Act of 1938, as Amended,” Senate debate, Congressional Record, vol. 111, part 5 [April 5, 1965],
pp. 6982-6994), were reported by the House Judiciary Committee on May 3, 1966 (“ Reports of Committees on Public
Bills and Resolutions,” Congressional Record, vol. 112, part 8 [May 3, 1966], p. 9785), and passed the House on May
16, 1966, with amendment (Foreign Agents Registration Act Amendmen ts,” House debate, Congressional Record, vol.
112, part 8 [May 16, 1966], pp. 10534-10539). Following a conference committee, the conference report was adopted
by the Senate and the House on June 21, 1966 (“Amendment of Foreign Agents Registration Act of 1 938—Conference
Report,” Congressional Record, vol. 112, pat 10 [June 21, 1966], p. 13827-13828); “Foreign Agents Registration Act
Amendments,” House debate, Congressional Record, vol. 112, part 10 (June 21, 1966), pp. 13713-13714; and U.S.
Congress, House, U.S. Congress, House, Foreign Agents Registration Act Am endm ents, conference report to
accompany S. 693, 89th Cong., 2nd sess., June 16, 1966, H.Rept. 1632 (Washington: GPO, 1966).
77 U.S. Congress, House Committee on the Judiciary, Foreign Agents Registration Act Amendments, report to
accompany S. 693, 89th Cong., 2nd sess., May 1966, H.Rept. 1470 (Washington: GPO, 1966), p. 2.
78 P.L. 89-486, 80 Stat. 244, July 4, 1966.
79 P.L. 89-486, §1(1)-(5).
80 P.L. 89-486, §1(5), §2(7), and §3.
81 P.L. 89-486, §2.
82 P.L. 89-486, §4.
83 P.L. 89-486, §7.
84 P.L. 104-65, 109 Stat. 691, December 19, 1995; 2 U.S.C. §§1601 -1614. For more information on the Lobbying
Disclosure Act, see CRS Report R44292, The Lobbying Disclosure Act at 20: Analysis and Issues for Congress, by
Jacob R. Straus.
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lobbyists, without infringing upon the rights of ordinary citizens at the grassroots to petition their lobbyists, without infringing upon the rights of ordinary citizens at the grassroots to petition their
Government.Government.”85"⁸⁶ Although LDA focused on domestic lobbying, it also contained four FARA Although LDA focused on domestic lobbying, it also contained four FARA
amendments. As summarized in a House Judiciary Committee report on H.R. 2564, companion amendments. As summarized in a House Judiciary Committee report on H.R. 2564, companion
legislation legislation to the measure that became the LDA, those amendments were as follows:to the measure that became the LDA, those amendments were as follows:
(1) FARA is limited to agents of foreign governments and political parties. Lobbyists of (1) FARA is limited to agents of foreign governments and political parties. Lobbyists of
foreign corporations, partnerships, associations, and individuals are required to register foreign corporations, partnerships, associations, and individuals are required to register
under the Lobbying Disclosure Act, where applicable, but not under FARA.under the Lobbying Disclosure Act, where applicable, but not under FARA.
(2) The so-called (2) The so-called “"U.S. subsidiary exemptionU.S. subsidiary exemption”" is eliminated from FARA. This Subsection is eliminated from FARA. This Subsection
grants an exemption to activities on behalf of agrants an exemption to activities on behalf of a foreign foreign-owned company in the United -owned company in the United
States that further the bona fide commercial, industrial, or financial interests of the U.S. States that further the bona fide commercial, industrial, or financial interests of the U.S.
subsidiary. subsidiary.
(3) (3) The applicability of the so-called The applicability of the so-called “lawyers’"lawyers' exemption exemption”" is clarified by changing the is clarified by changing the
exemption’exemption's application only to communications with agency officials in the context of s application only to communications with agency officials in the context of
those specific instances set out in this amendment. These include judicial proceedings, law those specific instances set out in this amendment. These include judicial proceedings, law
enforcement proceedings, and agency proceedings required by statute or regulation to be enforcement proceedings, and agency proceedings required by statute or regulation to be
conducted on the record.conducted on the record.
(4) The term (4) The term “"political propagandapolitical propaganda”" is eliminated from the Act, and replaced by the term is eliminated from the Act, and replaced by the term
“"informational materials.informational materials.”86
"⁸⁷ In 2007, the Honest Leadership and Open Government Act (HLOGA) further amended FARA.In 2007, the Honest Leadership and Open Government Act (HLOGA) further amended FARA.87
88 The HLOGAThe HLOGA amendments required the Attorney General to develop an electronic filing system amendments required the Attorney General to develop an electronic filing system
and to make the accompanying database available to the public.and to make the accompanying database available to the public.88
89 Summary of Current FARA Provisions
Today, FARA is Today, FARA is general ygenerally focused on individuals conducting political or advocacy work on focused on individuals conducting political or advocacy work on
behalf of behalf of “"foreign principalsforeign principals”" within the United States. These within the United States. These “"agents of a foreign principalagents of a foreign principal”" are are
required to register with the Department of Justice and to disclose their relationships, activities, required to register with the Department of Justice and to disclose their relationships, activities,
receipts, and disbursements in support of their advocacy or public relations activities. FARA receipts, and disbursements in support of their advocacy or public relations activities. FARA
specifies the type of activities covered and the information required to be reported to the DOJ on specifies the type of activities covered and the information required to be reported to the DOJ on
a semiannual basis, how DOJ should administer and enforce the law, and penalties associated a semiannual basis, how DOJ should administer and enforce the law, and penalties associated
with noncompliance. Codified at 22 U.S.C. §§611-621, a summary of each FARA section is with noncompliance. Codified at 22 U.S.C. §§611-621, a summary of each FARA section is
contained below.contained below.89
90 Section 611—Definitions
Section 611 provides definitions used throughout the law. These definitions include the specifics Section 611 provides definitions used throughout the law. These definitions include the specifics
of a of a “"foreign principalforeign principal”" and and “"agent of a foreign principal,agent of a foreign principal,”" among other technical terms. For a among other technical terms. For a
more detailed summary of more detailed summary of al of the definitions in the definitions in the law, see the Appendix.

85 Sen. Robert Dole, “Lobbying Reform,” remarks in the Senate, Congressional Record, vol. 141, part 14 (July 25,
1995), p. 20193.
86 U.S. Congress, House, Committee on the Judiciary, Lobbying Disclosure Act of 1995, report to accompany H.R.
2564, 104th Cong., 1st sess., H.Rept. 104-339, Part 1, November 14, 1995 (Washington: GPO, 1995), p. 21.
87 P.L. 110-81, §212, 121 Stat. 749, September 14, 2007.
88 Ibid.
89 For a legal analysis of FARA, see CRS In Focus IF11439, Foreign Agents Registration Act (FARA): A Legal
Overview, by Jacob D. Shelly.
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Although al oflaw, see the Appendix. Although the definitions found in 22 U.S.C. §611 are important for the administration and the definitions found in 22 U.S.C. §611 are important for the administration and
enforcement of FARA, two definitions are essential to understanding the enforcement of FARA, two definitions are essential to understanding the political or advocacy relationship advocacy relationship
that FARA that FARA primarily aims to capture. They are aims to capture. They are “"foreign principalforeign principal”" and and “"agent of a foreign principal.agent of a foreign principal.”
Foreign Principal

" Foreign Principal (b) The term (b) The term “"foreign principal" includes—foreign principal" includes—
(1) a government of a foreign country and a foreign political party;(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 (2) a person outside of the United States, unless it is established that such person is an individual and a citizen of
and domiciledand domiciled within the United States, or that such person is not an individual and is organized under or created 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 jurisdictionby the laws of the United States or of any State or other place subject to the jurisdiction of the United States and of the United States and
has its principal place of business within the United States; andhas its principal place of business within the United States; and
(3) a partnership, association, corporation, organization, or other combination of persons organized under the (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 [§611(b)].laws of or having its principal place of business in a foreign country [§611(b)].

Agent of a Foreign Principal

(c) Expect [sic] as provided in subsection (d) of this section,(c) Expect [sic] as provided in subsection (d) of this section,9091 the term "agent of a foreign principal" means— the term "agent of a foreign principal" means—
(1) any person who acts as an agent, representative,(1) any person who acts as an agent, representative, employee,employee, or servant, or any person who acts in any other or servant, or any person who acts in any other
capacity at the order,capacity at the order, request, or under the direction or control,request, or under the direction or control, of a foreign principal or of a person any of of a foreign principal or of a person any of
whose activities are directly or indirectly supervised,whose activities are directly or indirectly supervised, directed,directed, control ed controlled, financed, or subsidized in whole or in , financed, or subsidized in whole or in
major major part by a foreign principal, and who directlypart by a foreign principal, and who directly or through any other person-or through any other person-
(i) engages within the United States in political activities for or in the interests of such foreign principal;(i) engages within the United States in political activities for or in the interests of such foreign principal;
(i (ii) acts within the United States as a public relations counsel, publicity agent, information-service) acts within the United States as a public relations counsel, publicity agent, information-service employee employee
or political consultant for or in the interests of such foreign principal;or political consultant for or in the interests of such foreign principal;
(i i (iii) within the United States solicits,) within the United States solicits, col ects, collects, disburses,disburses, or dispensesor dispenses contributions, loans, money,contributions, loans, money, or other or other
things of value for or in the interest of such foreign principal; orthings of value for or in the interest of such foreign principal; or
(iv) within the United States represents(iv) within the United States represents the intereststhe interests of such foreign principal before any agency or official of of such foreign principal before any agency or official of
the Government of the United States; andthe Government of the United States; and
(2) any person who agrees,(2) any person who agrees, consents, assumes or purports to act as, or who is or holds himselfconsents, assumes or purports to act as, or who is or holds himself out to be, out to be,
whether or not pursuant to contractual relationship,whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in clause (1) of this an agent of a foreign principal as defined in clause (1) of this
subsection [§611(c)].subsection [§611(c)].
Section 612—Registration Statement
Individuals who meet the definition of an Individuals who meet the definition of an “"agent of a foreign principalagent of a foreign principal”" are required to file a are required to file a
registration statement within 10 days of agreeing to become an agent,registration statement within 10 days of agreeing to become an agent,9192 and then file supplemental and then file supplemental
statements every six months thereafter.statements every six months thereafter.9293 Statements are filed with the Attorney General through the DOJ's National Security Division and the FARA Unit.⁹⁴ Statements are filed with the Attorney General through

90 22 U.S.C. §611(d) provides that “ (d) T he term ‘agent of a foreign principal’ does not include any news or press
service or association organized under the laws of the United States or of any State or other place subject to the
jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file
with the United States Postal Service information in compliance with section 3611 of title 39, published in the United
States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of
advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 per centum beneficially owned
by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association,
newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or
financed, and none of its policies are determined by any foreign principal defined in subsection (b) of this section, or by
any agent of a foreign principal required to register under this subchapter.”
91 22 U.S.C. §612(a).
92 22 U.S.C. §612(b).
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the DOJ’s National Security Division and the FARA Unit.93 Individuals who are exempted under Individuals who are exempted under
22 U.S.C. §613 (see 22 U.S.C. §613 (see "“Section 613—Exemptions”" below) do not have to file either a registration below) do not have to file either a registration
statement or supplemental statements.statement or supplemental statements.
Pursuant to 22 U.S.C. §612, a registration statement includesPursuant to 22 U.S.C. §612, a registration statement includes
 the registrantthe registrant’'s name and both personal and business addresses;s name and both personal and business addresses;
 the registrantthe registrant’'s status, including nationality for s status, including nationality for al all individuals, partnerships, and individuals, partnerships, and
corporate directors or officers;corporate directors or officers;
 a statement of the nature of the registranta statement of the nature of the registrant’'s business, including a complete list of s business, including a complete list of
employees, the nature of their work, and the name and address of every foreign employees, the nature of their work, and the name and address of every foreign
principal the registrant represents;principal the registrant represents;
 copies of the registrantcopies of the registrant’'s written agreement with a foreign principal and s written agreement with a foreign principal and
conditions for conditions for al all oral agreements;oral agreements;
 the nature and amount of contributions, income, money, or other items of value the nature and amount of contributions, income, money, or other items of value
received from a foreign principal; andreceived from a foreign principal; and
 a detailed statement of spending connected with activities for the foreign a detailed statement of spending connected with activities for the foreign
principal.
Al principal.All registration and supplemental statements are made under oath,registration and supplemental statements are made under oath,9495 and must be filed and must be filed
electronical y.95
electronically.⁹⁶ Section 613—Exemptions
Certain agents of a foreign principal are exempt from registering under FARA.Certain agents of a foreign principal are exempt from registering under FARA. Figure 1 shows shows
the exemptions availablethe exemptions available under 22 U.S.C. §613 and who qualifies for each type of exemption. under 22 U.S.C. §613 and who qualifies for each type of exemption.
Potential filers who Potential filers who fal fall within one of the exemption categories self-select their exemption and within one of the exemption categories self-select their exemption and do
notare not required to notify the DOJ. Therefore, exempt agents of a foreign principal who claim an exemption do notify the DOJ. Therefore, exempt agents of a foreign principal who claim an exemption do
not appear in the FARAnot appear in the FARA database on the Department of Justice website.⁹⁷

Figure 1. Exemptions to Registration Under the Foreign Agents Registration Act

(22 U.S.C. §613)

Source: CRS analysis of 22 U.S.C. §613.

Section 614—Filing and Labeling of Political Propaganda database on the Department of Justice website.96

93 U.S. Department of Justice, National Security Division, Foreign Agents Registration Act (FARA) Unit, at
https://www.fara.gov.
94 22 U.S.C. §612(c).
95 22 U.S.C. §612(g). Instructions for filing statements online can be found at U.S. Department of Justice, National
Security Division, Foreign Agents Registration Act (FARA) Unit, “ Registration Forms and T emplates,” at
https://www.justice.gov/nsd-fara/fara-forms.
96 U.S. Department of Justice, National Security Division, Foreign Agents Registration Act (FARA) Unit , “Search
Filings,” at https://efile.fara.gov/ords/f?p=1235:10. Filings can also be browsed at https://efile.fara.gov/ords/f?p=
1381:1:13449112022053:::::.
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Figure 1. Exemptions to Registration Under the Foreign Agents Registration Act
(22 U.S.C. §613)

Source: CRS analysis of 22 U.S.C. §613.
Section 614—Filing and Labeling of Political Propaganda
Although the 1966 amendments to FARA reoriented the law toward advocacy activities and away
Although the 1966 amendments to FARA reoriented the law toward advocacy activities and away from the regulation of political propaganda, FARA continues to require that politicalfrom the regulation of political propaganda, FARA continues to require that political propaganda propaganda
be filed with the DOJ and be labeled.be filed with the DOJ and be labeled.97 Also cal ed “98 Also called "informational materials,informational materials,”" copies of these copies of these
materials must be filed by agents of a foreign principalmaterials must be filed by agents of a foreign principal within 48 hours and ensure that the within 48 hours and ensure that the
following labelingfollowing labeling language is included:language is included:
This material is distributed by (name of registrant) on behalf of (name of foreign principal). This material is distributed by (name of registrant) on behalf of (name of foreign principal).
Additional information is available at the Department of Justice, Washington, DC.98

97 22 U.S.C. §614.
98 U.S. Department of Justice, National Security Division, Foreign Agents Registration Act (FARA) Unit , “What are
the Filing and Labeling Requirements for Informational Materials?” General FARA Frequently Asked Questions, at
https://www.justice.gov/nsd-fara/general-fara-frequently-asked-questions. For additional regulations on the labeling of
informational materials, see 28 C.F.R. §5.402, at https://www.ecfr.gov/cgi-bin/text -idx?SID=
55bbcbd4f61d657ca4ec8a5862d848e1&mc=true&node=se28.1.5_1402&rgn=div8.
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Additional information is available at the Department of Justice, Washington, DC.⁹⁹ Further, the DOJ has determined that Further, the DOJ has determined that all informational materials disseminated by registered informational materials disseminated by registered
foreign agents, including those posted on social media or sent by text message, foreign agents, including those posted on social media or sent by text message, “"must contain a must contain a
conspicuous label if such media are used as instruments to disseminate informational materials.conspicuous label if such media are used as instruments to disseminate informational materials.”99
That label can be on a web home page, a running header or footer on a website, or on an “About
Us” page.100"¹⁰⁰ These labels are a separate matter from campaign finance disclosures (e.g., political These labels are a separate matter from campaign finance disclosures (e.g., political
advertisements).advertisements).101 Figure 2 provides an example of a disclaimer from a FARA informational provides an example of a disclaimer from a FARA informational
materials filing.materials filing.

Figure 2. Example of FARA Informational Materials Label Requirements

Source: U.S. Department of Justice, U.S. Department of Justice, “"Protest Monday-Protest Monday-Cargil Cargill: Don: Don’'t Let the Amazon Burn,t Let the Amazon Burn,”" filing by the Center filing by the Center
for International Policy (under grant fromfor International Policy (under grant from the Norwegian Agency for Developmentthe Norwegian Agency for Development Cooperation), by Waxman Cooperation), by Waxman
Strategies,Strategies, at https://efile.fara.gov/docs/6710-Informational-Materials-20191004-100.pdfhttps://efile.fara.gov/docs/6710-Informational-Materials-20191004-100.pdf.
. Section 615—Books and Records
FARA requires that FARA requires that al all agents of a foreign principalagents of a foreign principal “ "keep and preserve … such books of account keep and preserve … such books of account
and other records with respect to and other records with respect to al all his activities, the disclosure of which is required under the his activities, the disclosure of which is required under the
provisions”provisions" of the law. of the law.102102 Records that must be maintained include Records that must be maintained include al all correspondence about correspondence about
activities taken on behalf of a foreign principal, correspondence about political activities, original activities taken on behalf of a foreign principal, correspondence about political activities, original
copies of contracts, names of individuals to whom informational materials have been transmitted, copies of contracts, names of individuals to whom informational materials have been transmitted,
and bookkeeping and financial records.and bookkeeping and financial records.103103 Records must be available for inspection, Records must be available for inspection,104104 and must and must
be kept for three years after the foreign principal-agent relationship has been terminated.be kept for three years after the foreign principal-agent relationship has been terminated.¹⁰⁵105

99 Ibid.
100 Ibid.
101 For more information on labels for campaign political advertisements, see CRS In Focus IF11398, Campaign
Finance Law: Disclosure and Disclaim er Requirem ents for Political Ca m paign Advertising, by L. Paige Whitaker; and
CRS In Focus IF10758, Online Political Advertising: Disclaim ers and Policy Issues, by R. Sam Garrett .
102 22 U.S.C. §615.
103 28 C.F.R. §5.500(a).
104 28 C.F.R. §5.500(b).
105 28 C.F.R. §5.500(c).
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Section 616—Public Examination of Official Records; Transmittal
of Records and Information
The law requires the Attorney General to maintain permanent copies of The law requires the Attorney General to maintain permanent copies of al all registration statements registration statements
and to provide copies to the public, the Secretary of State, other executive agencies, and and to provide copies to the public, the Secretary of State, other executive agencies, and
congressional committees.congressional committees.106106 The Attorney General is also required to maintain a publicly The Attorney General is also required to maintain a publicly
available, internet accessible, searchable, and downloadable database.available, internet accessible, searchable, and downloadable database.107107
Section 617—Liability of Officers
In addition to individualIn addition to individual registration requirements, FARA requires that firms or other entities that registration requirements, FARA requires that firms or other entities that
are agents of a foreign principal are also required to register. This section are agents of a foreign principal are also required to register. This section specifical yspecifically requires requires
that the entitiesthat the entities’' officers or directors are officers or directors are “"under obligationunder obligation”" to ensure the agent of a foreign to ensure the agent of a foreign
principal is registered and could face prosecution if they do not comply with the law.108principal is registered and could face prosecution if they do not comply with the law.108
Section 618—Enforcement and Penalties
ViolationsViolations of FARA carry the potential for fines or imprisonment. Any person who of FARA carry the potential for fines or imprisonment. Any person who wil fully
willfully violates the law or violates the law or wil fullywillfully makes false statements in registration or supplemental statements makes false statements in registration or supplemental statements
upon conviction may upon conviction may “"be punished by a fine of not more than $10,000 or by imprisonment for not be punished by a fine of not more than $10,000 or by imprisonment for not
more than five years, or both.more than five years, or both.”109"¹⁰⁹ Violating provisions of the filing and labeling Violating provisions of the filing and labeling requirements for requirements for
political propaganda,political propaganda,110110 failing failing to correct deficient registration statements, or having a contingent to correct deficient registration statements, or having a contingent
fee arrangement with a foreign fee arrangement with a foreign principal111principal¹¹¹ carry potential penalties of up to a $5,000 fine or six carry potential penalties of up to a $5,000 fine or six
months in prison.112months in prison.112
Section 619—Territorial Applicability of Subchapter
FARA applies in FARA applies in al all of the of the “"States, the District of Columbia, the Territories, the Canal Zone, the States, the District of Columbia, the Territories, the Canal Zone, the
insular possessions, and insular possessions, and al all other places now or hereafter subject to the civil or military other places now or hereafter subject to the civil or military
jurisdiction of the United States.”113

106 22 U.S.C. §616(a)-(c).
107 22 U.S.C. §616(d). T hat database can be browsed at https://efile.fara.gov/ords/f?p=1381:1:9405883694077:::::, and
searched at https://efile.fara.gov/ords/f?p=1235:10.
108 22 U.S.C. §617.
109 22 U.S.C. §618(a).
110 22 U.S.C. §614(b) and (e)-(f).
111 22 U.S.C. §618(g) and (h).
112 22 U.S.C. §618(a).
113 22 U.S.C. §619. T he T erritories include Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Northern Mariana Islands. T he Canal Zone is the Panama Canal Zone as established by the Panama Canal T reaty of
1977. For information, see 22 U.S.C. §3602.
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jurisdiction of the United States."¹¹³ Section 620—Rules and Regulations
Authorizes the Attorney General to establish regulations to carry out the law.Authorizes the Attorney General to establish regulations to carry out the law.114114 The regulations The regulations
for FARA are located at 28 C.F.R. §§5.1-5.1101.115for FARA are located at 28 C.F.R. §§5.1-5.1101.115
Section 621—Reports to Congress
Every six months, the Attorney General is required to submit a report to Congress on the Every six months, the Attorney General is required to submit a report to Congress on the
administration of FARA, including registrations filed under the law and the administration of FARA, including registrations filed under the law and the “"nature, sources and nature, sources and
content of political propaganda disseminated and distributed.content of political propaganda disseminated and distributed.”116"¹¹⁶ Past reports to Congress are on Past reports to Congress are on
the FARAthe FARA website at https://www.justice.gov/nsd-fara/fara-reports-congresswebsite at https://www.justice.gov/nsd-fara/fara-reports-congress.
. Recent Legislative Proposals to Amend FARA
In recent years, interest in FARA and its potential to identify foreign engagement in advocacy In recent years, interest in FARA and its potential to identify foreign engagement in advocacy
activities and information sharing has increased.activities and information sharing has increased.117117 Reflecting that interest, Reflecting that interest, some Members of
Congress have introduced multiple measuresmultiple measures have been introduced in the past several Congresses to amend in the past several Congresses to amend al all or parts or parts
of FARA.of FARA.
118 A review of these A review of these bil sbills reveals several categories of proposed FARA amendments. reveals several trends in how Members of Congress would amend FARA
or its implementation by the DOJ. These proposals coincide with perceived trends in how foreign
principals, through foreign agents, are engaged in advocacy work and the dissemination of
informational materials.
This section discusses the major proposals identified in introduced legislation.This section discusses the major proposals identified in introduced legislation.
Registration and Disclosure Requirements
Under FARA, foreign agents include individuals or firms who have a contractual relationship Under FARA, foreign agents include individuals or firms who have a contractual relationship
with a foreign principal.with a foreign principal.118119 These individuals or firms are These individuals or firms are general ygenerally required to register with the required to register with the
Department of Justice.Department of Justice.119120 Some studies of FARA have indicated that current registration and Some studies of FARA have indicated that current registration and
disclosure requirements might not sufficiently capture the nature and scope of foreign lobbyingdisclosure requirements might not sufficiently capture the nature and scope of foreign lobbying, advocacy,
and information dissemination.and information dissemination.120121 In recent Congresses, most proposals that address FARA In recent Congresses, most proposals that address FARA

114 22 U.S.C. §620.
115 28 C.F.R. §§5.1-5.1101 can be found at https://www.ecfr.gov/cgi-bin/text-idx?SID=
259e3a91dffa3826a993f58ddfc90147&mc=true&node=pt28.1.5&rgn=div5.
116 22 U.S.C. §621.
117 A search of Congress.gov (both full text and bill summaries) from the 111 th Congress (2009-2010) to the 116th
Congress (2019-2020, through April 24, 2020) finds approximately 90 measures introduced tha t would amend FARA.
For a full search, see U.S. Congress, Congress.gov, at https://www.congress.gov/quick-search/legislat ion?
wordsPhrases=%22foreign+agents+registration+act%22&include=on&wordVariants=on&congresses%5B%5D=116&
congresses%5B%5D=115&congresses%5B%5D=114&congresses%5B%5D=113&congresses%5B%5D=112&
congresses%5B%5D=111&legislationNumbers=&legislativeAction=&sponsor=on&representative=&senator=&
searchResultViewT ype=compact&KWICView=false. T he search began in the 111th Congress, because it was the first
Congress after the enactment of minor FARA reforms in the Honest Leadership and Open Go vernment Act (HLOGA),
P.L. 110-81, §212, 121 Stat. 749, September 14, 2007.
118 22 U.S.C. §§611-612.
119 Certain individuals and groups are exempt from FARA registration. For mo re information on exemptions, see
“Section 613—Exemptions.”
120 For example, see Yuk K. Law, “T he Foreign Agents Registration Act: A New Standard for Determining Agency,”
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registration and disclosure do not propose to change the type of information currently required to registration and disclosure do not propose to change the type of information currently required to
be disclosed under 22 U.S.C. §612, but rather focus on how often reports are filed and how filings be disclosed under 22 U.S.C. §612, but rather focus on how often reports are filed and how filings
are made publicly accessible. For example, several proposals would amend FARA and require are made publicly accessible. For example, several proposals would amend FARA and require
quarterly, rather than semiannual, reports.quarterly, rather than semiannual, reports.121122 Proponents believe that quarterly reports would align Proponents believe that quarterly reports would align
FARA reporting with LDA reporting, which is already required on a quarterly basis.FARA reporting with LDA reporting, which is already required on a quarterly basis.¹²³ They also They also
argue that more frequent disclosure would increase transparency of foreign activity and provide argue that more frequent disclosure would increase transparency of foreign activity and provide
additional information to the Department of Justice for enforcement, when necessary.additional information to the Department of Justice for enforcement, when necessary.122
124 Disclosure every six months would maintain the status quo and continue to provide information at Disclosure every six months would maintain the status quo and continue to provide information at
the same rate as currently required under FARA.the same rate as currently required under FARA.
In addition to changing reporting time frames, some legislative proposals would amend FARA to In addition to changing reporting time frames, some legislative proposals would amend FARA to
require that DOJ provide registration and disclosure statements in a digitized, searchable format require that DOJ provide registration and disclosure statements in a digitized, searchable format
on its FARA website.on its FARA website.123125 Currently, FARA filings are Currently, FARA filings are electronical y available electronically available and are searchable by and are searchable by
registrant number, registrant name, registration start and end date, status (active or terminated), registrant number, registrant name, registration start and end date, status (active or terminated),
and when the DOJ received the filing.and when the DOJ received the filing.124126 Other information required on FARA forms is not Other information required on FARA forms is not
currently searchable. This includes registrant occupation, salary, or contributions from foreign currently searchable. This includes registrant occupation, salary, or contributions from foreign
principals, among others.principals, among others.
Providing digitized, searchable registration and disclosure forms would arguably Providing digitized, searchable registration and disclosure forms would arguably al ow
allow information to be more readily accessible to the public, thus providing additionalinformation to be more readily accessible to the public, thus providing additional potential potential
transparency to information about foreign agents and their activities on behalf of foreign transparency to information about foreign agents and their activities on behalf of foreign
principals. Requiring a change in the DOJprincipals. Requiring a change in the DOJ’'s collection and display of information, however, could s collection and display of information, however, could
have additionalhave additional administrative costs associated with the filing, coding, maintenance, display, administrative costs associated with the filing, coding, maintenance, display,
search, and download of data.search, and download of data.
127 Labeling of Informational Materials
As mentioned above under As mentioned above under "“Section 614—Filing and Labeling of Political Propaganda,”," FARA FARA
requires the disclosure of certain informational materials to the DOJ. As social media has become requires the disclosure of certain informational materials to the DOJ. As social media has become
a more popular form of communication and information dissemination, questions have arisen a more popular form of communication and information dissemination, questions have arisen
about about whetherhow FARA treats social media communications social media communications are, or should be, covered as informational materials
under FARA.125 To address this question, several bil sas informational materials.¹²⁸ To address these questions, several bills have been introduced that would have been introduced that would formal y
formally define email and social media posts as define email and social media posts as “"informational materialsinformational materials”" under FARA.¹²⁹ Officially under FARA.126

Fordham International Law Journal, vol., 6, issue 2 (1982), pp. 367-370.
121 For example, see S. 2039 (115th Congress), introduced October 31, 2017; and H.R. 4170 (115th Congress),
introduced October 31, 2017. S. 2039 was referred to the Senate Foreign Relations Committee and did not receive
further consideration. On January 17, 2018, the House Judiciary Committee marked up H.R. 4170, and ordered the bill
to be reported.
122 Rep. David Cicilline, remarks at U.S. Congress, House, Committee on the Judiciary, “Markup of H.R. 4170, T he
‘Disclosing Foreign Influence Act,’” January 17, 2018, p. 25, at https://docs.house.gov/meetings/JU/JU00/20180117/
106786/HMKP-115-JU00-Transcript-20180117.pdf.
123 See, for example, H.R. 1566 (116th Congress), introduced on March 6, 2019; H.R. 1, §7104 (116th Congress), passed
the House on March 8, 2019. For more information on H.R. 1, including its FARA provisions, see CRS In Focus
IF11097, H.R. 1: Overview and Related CRS Products, coordinated by R. Sam Garrett .
124 U.S. Department of Justice, “Search Filings,” at https://efile.fara.gov/ords/f?p=1235:10.
125 For example, see Joshua R. Fattal, “FARA on Facebook: Modernizing the Foreign Agents Registration Act to
Address Propagandists on Social Media,” New York University Journal of Legislation and Public Policy, vol. 21, no. 4
(2019), pp. 903-948; and US v. Concord Managem ent & Consulting LLC (347 F. Supp. 3d 28), 49, at
https://scholar.google.com/scholar_case?case=15089234790502537545&hl=en&as_sdt=6,47&as_vis=1.
126 See, for example, H.R. 2811 (115th Congress), introduced on June 7, 2017; and S. 625 (115th Congress), introduced
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Official y defining social media posts as informational materials would clarify that a foreign defining social media posts as informational materials would clarify that a foreign
agent would be required to provide the DOJ their social media posts along with other agent would be required to provide the DOJ their social media posts along with other
informational materials. Proposed legislation, however, does not address how social media posts informational materials. Proposed legislation, however, does not address how social media posts
might be captured and stored. Currently, if a foreign agent believes that a social media post might be captured and stored. Currently, if a foreign agent believes that a social media post
constitutes informational materials, he or she would capture them as a PDF document and include constitutes informational materials, he or she would capture them as a PDF document and include
them in FARA filings.them in FARA filings.127
130 Should Congress or the DOJ want to capture a more dynamic cache of social media posts, they Should Congress or the DOJ want to capture a more dynamic cache of social media posts, they
might consider adoptingmight consider adopting guidance on managing social media records. One such option might be similar to National Archives and National Archives and RecordRecords Administration (NARA) Administration (NARA) guidance on
managing social media records (Bulletin 2014-02).128 The NARA guidance,Bulletin 2014-02,¹³¹ which among other things, among other things,
specifies how agencies might capture social media information, including the potential for the specifies how agencies might capture social media information, including the potential for the
capture of comments. While such guidance does not currently apply to foreign agents, because capture of comments. While such guidance does not currently apply to foreign agents, because
they are not a federal agency, NARAthey are not a federal agency, NARA’'s best practices might serve as a guide and may provide the s best practices might serve as a guide and may provide the
potential for the consistent capture of potential for the consistent capture of al all types of informational materials. That the DOJ does not types of informational materials. That the DOJ does not
currently use NARA standards, however, does not mean that the current FARA unit policy of PDF currently use NARA standards, however, does not mean that the current FARA unit policy of PDF
capture for social media posts is not consistent, only that social media, because it can be capture for social media posts is not consistent, only that social media, because it can be
dynamical ydynamically shared, does not necessarily lend itself to the static PDF platform. shared, does not necessarily lend itself to the static PDF platform.
Civil Investigative Demand Authority
Since 2007 On its FARA website, the Department of Justice , the Department of Justice reportsreported that it that it hashad successfully prosecuted successfully prosecuted 12 FARA cases,
with 8 cases settled since 2017.129 In recent years, at least six bil smultiple cases.¹³² In recent years, several bills have been introduced to have been introduced to
provide the DOJ with provide the DOJ with civil investigative demand authority, to aid the agency in the potential , to aid the agency in the potential
prosecution of FARA cases.prosecution of FARA cases.130133 Civil investigative demand (CID) authority is Civil investigative demand (CID) authority is “"a type of subpoena a type of subpoena
that al owsthat allows the Department of Justice to obtain documents, require responses to interrogatories, the Department of Justice to obtain documents, require responses to interrogatories,
and take depositions.and take depositions.”131"¹³⁴ Drawn from a similar provision in the False Claims Act, Drawn from a similar provision in the False Claims Act,132135 CIDs CIDs “"are are
effectively administrative subpoenas that the Department [of Justice] may issue to demand effectively administrative subpoenas that the Department [of Justice] may issue to demand
documents, interrogatory answers, or moral testimony from any persons with information documents, interrogatory answers, or moral testimony from any persons with information
relevant to an investigation.relevant to an investigation.”133
"¹³⁶ Proponents of providing DOJ CID authority argue, Proponents of providing DOJ CID authority argue, “"CID authority … CID authority … wil will make the job easier, it make the job easier, it
wil will enhance enforcement of FARA, and it enhance enforcement of FARA, and it wil will pursue the underlying objectives of the legislation that has been a part of our law since 1938."¹³⁷ Opponents argue that CID could "raise Fourth Amendment and other constitutional concerns."¹³⁸pursue the underlying objectives of the legislation

on March 14, 2017.
127 U.S. Department of Justice, “How to I File Copies of Social Media?” Frequently Asked Questions, at
https://www.justice.gov/nsd-fara/frequently-asked-questions#50.
128 National Archives and Records Administration, “Bulletin 2014 -02: Guidance on Managing Social Media Records,”
October 25, 2013, at https://www.archives.gov/records-mgmt/bulletins/2014/2014-02.html.
129 U.S. Department of Justice, “Recent FARA Cases,” at https://www.justice.gov/nsd-fara/recent-cases.
130 H.R. 2811 (115th Congress), introduced June 7, 2017; H.R. 4170 (115th Congress), introduced October 31, 2017;
H.R. 6249 (115th Congress), introduced June 27, 2018; S. 625 (115th Congress), introduced March 14, 2017; S. 2039
(115th Congress), introduced October 31, 2017; and S. 1762 (116th Congress), introduced June 10, 2019.
131 Rep. Bob Goodlatte, in U.S. Congress, House, Committee on the Judiciary, Markup of H.R. 4170, The “Disclosing
Foreign Influence Act,” January 17, 2018, p. 5, at https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-
115-JU00-T ranscript-20180117.pdf#page=5.
132 31 U.S.C. §§ 3729-3733. For more information on the False Claims Act, see U.S. Department of Justice, “T he False
Claims Act,” at https://www.justice.gov/civil/false-claims-act; CRS Report R40785, Qui Tam: The False Claims Act
and Related Federal Statutes, by Charles Doyle; and CRS Report R40786, Qui Tam : An Abbreviated Look at the False
Claim s Act and Related Federal Statutes, by Charles Doyle.
133 Rep. Bob Goodlatte, in U.S. Congress, House, Committee on the Judiciary, Markup of H.R. 4170, The “Disclosing
Foreign Influence Act,” January 17, 2018, p. 7, at https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-
115-JU00-T ranscript-20180117.pdf#page=7.
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that has been a part of our law since 1938.”134 Opponents argue that CID could “raise Fourth
Amendment and other constitutional concerns.”135 In a 2018 House Judiciary Committee markup
on a bil In a 2018 House Judiciary Committee markup on a bill that would have granted DOJ CID authority, one Member commented,that would have granted DOJ CID authority, one Member commented,
We have heard … that the use of CIDs may effectively be an end-run around the Fourth We have heard … that the use of CIDs may effectively be an end-run around the Fourth
Amendment, particularly where, as in the case of FARA, criminal prosecution sanctions Amendment, particularly where, as in the case of FARA, criminal prosecution sanctions
may result from an investigation.may result from an investigation.
To obtain documents and other evidence in a criminalTo obtain documents and other evidence in a criminal investigation, lawinvestigation, law enforcement enforcement
officials must get a search warrant issued by a judge after a showing of probable cause that officials must get a search warrant issued by a judge after a showing of probable cause that
a crime was committed, and that items connected with a crime are likely to be found at the a crime was committed, and that items connected with a crime are likely to be found at the
locations specified in the warrant. The CID language in this bill, however, appears to locations specified in the warrant. The CID language in this bill, however, appears to alow
law allow law enforcement to obtain such items without any prior judicialenforcement to obtain such items without any prior judicial authorization, thereby authorization, thereby
circumventing an important constitutional limit on government authority.circumventing an important constitutional limit on government authority.136
139 Repealing Exemption Under FARA for LDA Registration
As discussed above As discussed above (“("Section 613—Exemptions”"), individuals who are registered lobbyists under ), individuals who are registered lobbyists under
the LDA the LDA aremay not not be required to register under FARArequired to register under FARA for the same relationship. Pursuant to 22 U.S.C. §613(h), the FARA . Pursuant to 22 U.S.C. §613(h), the FARA
registration requirement does not apply toregistration requirement does not apply to
Any agent of a person described in section 611(b)(2) of this title or an entity described in Any agent of a person described in section 611(b)(2) of this title or an entity described in
section section 611(b)(3) of611(b)(3) of this titlethis title if if the agent has engaged in lobbying activitiesthe agent has engaged in lobbying activities and has and has
registered registered under the Lobbying Disclosure Act ofunder the Lobbying Disclosure Act of 1995 [2 1995 [2 U.S.C.U.S.C. §1601§1601 et et seq.] in seq.] in
connection with the agentconnection with the agent’'s representation of such person or entity.s representation of such person or entity.137
140 Individuals who meet this exemption requirement are not required to register and disclose under Individuals who meet this exemption requirement are not required to register and disclose under
FARA if they are already registered under LDA for the same relationship. Further, the Department FARA if they are already registered under LDA for the same relationship. Further, the Department
of Justiceof Justice’'s FARA FAQ clarifies the departments FARA FAQ clarifies the department’'s interpretation of the exemption. It says:s interpretation of the exemption. It says:
Any agent who is engaged in lobbying activities and is registered under the Lobbying Any agent who is engaged in lobbying activities and is registered under the Lobbying
Disclosure Act is exempt fromDisclosure Act is exempt from registration under FARA if the representation is not on registration under FARA if the representation is not on
behalf of a foreign government or foreign political party.138

134 Rep. Mike Johnson, in U.S. Congress, House, Committee on the Judiciary, Markup of H.R. 4170, T he “Disclosing
Foreign Influence Act,” January 17, 2018, p. 45, at https://docs.house.gov/meetings/JU/JU00/20180117/106786/
HMKP-115-JU00-Transcript -20180117.pdf#page=45.
135 Rep. Jerrold Nadler, in U.S. Congress, House, Committee on the Judiciary, Markup of H.R. 4170, The “Disclosing
Foreign Influence Act,” January 17, 2018, p. 8, at https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-
115-JU00-T ranscript-20180117.pdf#page=8. T he Fourth Amendment protects people against unreasonable searches
and seizures by the government. For more information, see United States Courts, “What does the Fourth Amendment
Mean?” at https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-
resources/what-does-0.
136 Rep. Nadler, in U.S. Congress, House, Committee on the Judiciary, Markup of H.R. 4170, The “Disclosing Foreign
Influence Act,” January 17, 2018, p. 10, at https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-115-
JU00-T ranscript -20180117.pdf#page=10.
137 22 U.S.C. §613(h). Under FARA, the definitions of a foreign principal can be found at 22 U.S.C. §611. Specifically,
22 U.S.C. §611(b)(2)-(3) states that a foreign principal includes “ (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.”
138 U.S. Department of Justice, “Does Everyone Who Acts as an Agent of a Foreign Principal Have to Register?”
General FARA Frequently Asked Questions, at https://www.justice.gov/nsd-fara/general-fara-frequently-asked-
questions. Additionally, the DOJ has issued regulations (28 C.F.R. §5.307) for the LDA exemption. It states that “ For
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Over the past several years, interest in amending FARA to remove the exemption in 22 U.S.C.
§613(h) has increased. Most advocates of this change would repeal the entire exemption and
require registration under both FARA and LDA.139 Some, however, have suggested that the
current exemption should be reversed. These advocates believe that foreign agents engaged in
lobbying should be required to register under FARA because of their primary relationship to a
foreign principal. They also believe that the foreign agents who register under FARA should then
be exempt from the LDA.140
Amending FARA to repeal the LDA exemption, or creating an exemption in LDA for FARA
filers, might serve to increase the number of foreign agents who register under FARA. Foreign
agents who currently use the LDA exemption have an advocacy relationship that meets the LDA
definition of a lobbyist.141 If the LDA exemption were repealed or modified, these foreign agents
would conceivably have to register under FARA and LDA, thus arguably providing additional
insight into the advocacy work of foreign agents and the number of foreign agents in the United
States. Should an exemption in LDA be created to exempt FARA filers, foreign agents would
only register under FARA and the LDA data would no longer contain these individuals and firms,
thus potential y creating a similar problem of underregistration in LDA for lobbyists who
represent foreign clients.
If the FARA exemption was repealed or modified, individuals or firms who represent foreign
clients could have to register under both laws. The current exemption schema seemingly prevents
potential y duplicate registrations. The issue of registration under both laws could be further
complicated because the laws are administered by different entities—the Department of Justice
(FARA) and the Clerk of the House of Representatives and the Secretary of the Senate (LDA).142
Restricting Certain Former Officials From Acting as Foreign Agents
Current revolving door laws require that former executive and legislative branch officials serve a
one-year “cooling off” period before performing certain representational or advocacy activities on
behalf of foreign governments or foreign political parties.143 In recent years, media reports144 and

the purpose of section 3(h) of the Act, the burden of establishing that registration under the Lobbyi ng Disclosure Act of
1995, 2 U.S.C. §1601 et seq. (LDA), has been made shall fall upon the person claiming the exemption. T he Department
of Justice will accept as prima facie evidence of registration a duly executed registration statement filed pursuant to the
LDA. In no case where a foreign government or foreign political party is the principal beneficiary will the exemption
under 3(h) be recognized.”
139 For example, see H.R. 2819 (115th Congress), introduced June 7, 2017; H.R. 4170 (115th Congress), introduced
October 31, 2017; and H.R. 5150, §605(b) (116th Congress), introduced November 18, 2019.
140 S. 2482, §5 (115th Congress), introduced March 1, 2018.
141 Charles Lawson, “Shining the ‘Spotlight of Pitiless Publicity’ on Foreign Lobbyists?: Evaluating the Impact of the
Lobbying Disclosure Act of 1995 on the Foreign Agents Registration Act,” Vanderbilt Journal of Translational Law,
vol. 29, no. 5 (November 1996), pp. 1151-1184.
142 For more information on the administration of the LDA, see CRS Report RL34377, Lobbying Registration and
Disclosure: The Role of the Clerk of the House and the Secretary of the Senate, by Jacob R. Straus.
143 18 U.S.C. §207(f). For more information on the revolving door, see, CRS Report R45946, Executive Branch Service
and the “Revolving Door” in Cabinet Departments: Background and Issues for Congress, by Jacob R. Straus,
Executive Branch Service and the “Revolving Door” in Cabinet Departments: Background and Issues for Congress, by
Jacob R. Straus.
144 Nick Robinson, “T he Foreign Agents Registration Act is Broken: Stepping Up Enforceme nt of FARA Before
Reforming the Act is a Recipe for Disaster,” Foreign Policy, July 22, 2019, at https://foreignpolicy.com/2019/07/22/
the-foreign-agents-registration-act-is-broken; and Megan R. Wilson, “ Foreign Lobbying Law Open to Exploitation,”
The Hill, November 28, 2017, at https://thehill.com/business-a-lobbying/362042-foreign-lobbying-law-open-to-
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academic studies145 have evaluated and discussed former federal and congressional officials’ use
of the “revolving door” to become foreign agents, in some cases concluding that violations of the
law might be occurring. To counter the narrative that former executive or congressional officials
are not observing statutory “cooling off” periods, legislation has been introduced to alter
restrictions on former Members of Congress, congressional employees, and/or executive branch
officials from becoming foreign agents. Strategies to limit the registration of these individuals as
foreign agents general y take two forms. Some proposals would ban former Members of Congress
or congressional employees from receiving certain benefits for any month they are registered as
foreign agents.146 Other proposals would increase the “cooling off” period for congressional or
executive branch officials from the current 1 year to 10 years or more.147
Restricting a former covered official’s access to retirement benefits if the official serves as a
foreign agent might dissuade individuals from representing foreign clients after their government
service. Determining whether a particular individual might be eligible for retirement benefits in a
particular month would likely require real-time matching of data to know if a covered official
lobbied in a particular period, and communication of those data to benefit administrators.148
The extension of “cooling off” periods, or bans on former officials from becoming foreign agents,
are often designed to discourage covered individuals from representing foreign clients within the
period specified by the law. One academic study found that former officials thrive on contacts
with their former col eagues or bosses.149 Another academic study found that when those contacts
leave government, the lobbyists are found to be less effective.150 Subsequently, some see the
extension of the “cooling off” period as a strategy to further discourage covered government
employees from trying to leverage their experience.151

exploitation.
145 Jeffrey Lazarus, Amy McKay, and Lindsey Herbel, “Who Walks T hrough the Revolving Door?: Examining the
Lobbying Activities of Former Members of Congress,” Interest Groups & Advocacy, vol. 5, no. 1 (2016), pp. 82-100;
Daniel G. Webber, Jr., “Proposed Revolving Door Restrictions: Limiting Lobbying by Ex -Lawmakers,” Oklahoma City
Law Review, vol. 21, issue 1 (Spring 1996), pp. 29 -52; and Michael E. Shepard and Hye Young You, “ Exit Strategy:
Career Concerns and Revolving Doors in Congress,” Am erican Political Science Review, vol. 114, no. 1 (February
2020), pp. 270-284.
146 See, for example, H.R. 3505 (115th Congress), introduced July 27, 2017.
147 See, for example, H.R. 4343 (112th Congress), introduced March 29, 2012, would have increased “cooling off”
periods for the President, Vice President, Members of Congress, and other officers of the executive branch from
lobbying for a foreign government for 10 years after leaving office. H.R. 484 (115th Congress), introduced January 12,
2017; and H.R. 6476 (114th Congress), introduced December 8, 2016, would have created lifetime bans on political
appointees from becoming agents of a foreign principal. None of these proposals were considered by the House.
148 For more information on federal retirement benefits and administration, see CRS Report RL30631, Retirement
Benefits for Mem bers of Congress, by Katelin P. Isaacs; CRS In Focus IF10243, Civilian Federal Retirem ent: Current
Law, Recent Changes, and Reform Proposals, by Katelin P. Isaacs; CRS Report 98-972, Federal Em ployees’
Retirem ent System : Sum m ary of Recent Trends, by Katelin P. Isaacs; and CRS Report 98-810, Federal Em ployees’
Retirem ent System : Benefits and Financing , by Katelin P. Isaacs.
149 Jeffrey Lazarus and Amy Melissa McKay, “Consequences of the Revolving Door: Evaluating the Lobbying Success
of Former Congressional Members and St aff,” paper presented at the annual meeting of the Midwest Political Science
Association, Chicago, IL, April 2012, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2141416.
150 Jordi Blanes I Vidal, Mirko Draca, and Christian Fons-Rosen, “Revolving Door Lobbyists,” American Economic
Review, vol. 102, no. 7 (2012), pp. 3731 -3748, at https://pubs.aeaweb.org/doi/pdfplus/10.1257/aer.102.7.3731. This
study found that “lobbyists connected to US Senators suffer an average 24 percent drop in the generated revenue when
their previous employer leaves the Senate.” T he authors regard these “findings as evidence t hat connections to
powerful, serving politicians are key determinants of the revenue that lobbyists generate” (3732).
151 Robert H. Mundheim, “Conflict of Interest and the Former Government Employee: Rethinking the Revolving
Door,” Creighton Law Review, vol. 14, no. 3 (1980-1981), pp. 707-722.
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Extending the “cooling off” period to two years or more could possibly be seen as an
unreasonable restriction on post-employment. In some circumstances, however, lifetime bans
have been applied to certain individuals engaged in specific capacities during their time in
government. For example, 18 U.S.C. §207(b) banned the U.S. Trade Representative and the
Deputy Trade Representative for life from “representing, aiding, or advising foreign entities with
the intent to influence a decision of a government official.”152
Other Considerations for Congress
As discussed above under “Civil Investigative Demand Authority,” historical y the enforcement
of FARA reportedly has been somewhat limited. In addition to recent legislative proposals,
should Congress wish to modify FARA administration or enforcement, at least two options exist.
These include potential y providing additional monetary or staffing resources to the DOJ and
combining FARA and LDA administration.
Provide Additional Funding and/or Staffing for Administration or
Enforcement
Proposed changes to the administration or enforcement of FARA could require additional funding
or staffing resources. From an administrative perspective, additional staff might be used to check
registration statements and informational material submissions proactively for compliance or
review requests to grant exemptions to FARA, should FARA be amended to require approval
rather than self-selection for exemptions.153
From an enforcement perspective, additional staffing or funding could al ow the DOJ additional
resources for the investigation and potential prosecution of foreign agents that have not complied
with FARA registration or disclosure requirements. Additional y, should the DOJ be given “Civil
Investigative Demand Authority,” additional resources might be utilized to carry out that
authority.154 Should new resources not be provided, however, shifting existing resources to FARA
enforcement might leave fewer resources for other priorities.
Combine FARA and LDA Administration
Lobbying laws differ for foreign agents (FARA) and domestic lobbyists (LDA), and these two
laws are administrated by different entities—FARA by the Department of Justice and LDA by the
Clerk of the House and the Secretary of the Senate. To streamline the administration of foreign

152 U.S. Government Accountability Office, Laws on Post-Employment Activities, Foreign Representation, and
Lobbying, GAO-10-766, June 2010, p. 7, https://www.gao.gov/new.items/d10766.pdf.
153 U.S. General Accounting Office, Foreign Agent Registration: Justice Needs to Improve Program Administration ,
GAO/NSIAD-90-250, July 30, 1990, p. 4, at https://www.gao.gov/assets/220/213011.pdf#page=5.
154 Ibid., pp. 2-3. In 1980, GAO recommended that the DOJ “seek authority to (1) give the Justice Department
additional enforcement measure, including administrative subpoena powers, and (2) re quire individuals to submit
written notification of all exemption claims prior to engaging in the representation of a foreign principal.” GAO
reported that DOJ has sought these authorities. T o date, as discussed under “ Civil Investigative Demand Authority,”
Congress has not enacted legislation to address these concerns. See also, U.S. General Accounting Office,
Im provem ents Needed in the Adm inistration of Foreign Agent Registration, ID-80-51, July 31, 1980,
https://www.gao.gov/assets/140/130020.pdf; and U.S. General Accounting Office, Foreign Agent Registration: Justice
Needs to Im prove Program Adm inistration, GAO/NSIAD-90-250, July 30, 1990, at https://www.gao.gov/assets/220/
213011.pdf.
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agent and lobbying disclosure and registration, Congress might consider transferring LDA
administration to the DOJ or FARA administration to the Clerk of the House and the Secretary of
the Senate.
Historical y, registration of foreign lobbyists and agents was first handled by the Department of
State before it was transferred to the Department of Justice.155 The Clerk of the House and the
Secretary of the Senate have historical y handled LDA administration.156 Congress could choose
to maintain FARA administration with the DOJ and LDA administration with Congress, could
add LDA registration to the DOJ portfolio, or could transfer FARA administration to the Clerk of
the House and the Secretary of the Senate. Such a change, however, would likely require
additional resources to hire personnel and to realign current LDA or FARA registration and
disclosure.
Alternatively, Congress could create a new entity to administer both the LDA and FARA.
Creating a new agency could al ow a singular focus on lobbying and potential y provide for a
holistic view of lobbying registration and disclosure across both domestic and foreign clients and
issues, regardless of whether contact is made with the executive or legislative branch. Combining
lobbying administration into a new agency, however, could involve significant costs to transfer
LDA and FARA data and to hire personnel.
Should Congress merge LDA and FARA enforcement, the DOJ would likely retain the right to
investigate and potential y prosecute noncompliance. If a combined lobbying administration unit
was placed either in Congress or in a new (or existing) agency, referrals of noncompliance would
likely stil be required for DOJ to potential y take any action.
Concluding Observations
The Foreign Agents Registration Act is more than 80 years old. Initial y enacted to “combat the
spread of hidden foreign influence through propaganda in American politics,”157 today FARA has
been reoriented to focus on foreign principals engaged in advocacy activities in the United States.
An analysis of FARA and its amendments in 1942, 1966, and 1995; scholarly work on foreign
agents; and proposed legislation identified five areas where interest in further altering FARA has
been expressed. These include registration and disclosure requirements, the labeling of
informational materials, civil investigative demand authority, repealing exemptions under FARA,
and restricting certain former officials from becoming foreign agents. Additional considerations
include providing additional resources for administration and enforcement and potential y
combining LDA and FARA administration.
The continued introduction of legislation suggests that some Members of Congress are actively
thinking about potential FARA amendments. Whether future amendments to FARA might occur

155 Executive Order 9176, “T ransferring the Administration of the Act of June 8, 1938, as amended, Requiring the
Registration of Agents of Foreign Principals, from the Secretary of State to the Attorney General,” 7 Federal Register
4127, June 2, 1942.
156 2 U.S.C. §1603(a)(1).
157 U.S. Department of Justice, Office of Public Affairs, “Department of Justice Posts Advisory Opinions on
FARA.Gov Website,” press release, June 8, 2019. Specifically, FARA responded to foreign influence concerns by
creating a system “to identify agents of foreign principals who might engage in subversive acts or in spreading foreign
propaganda and to require them to make public record of the nature of their employment.” Vierick v. United States, 318
U.S. 236, 241 (1943). See also, U.S. Congress, House Committee on the Judiciary, behalf of a foreign government or foreign political party.¹⁴¹

Over the past several years, interest in amending FARA to remove the exemption in 22 U.S.C. §613(h) has increased. Most advocates of this change would repeal the entire exemption and require registration under both FARA and LDA.¹⁴² Some, however, have suggested that the current exemption should be reversed. These advocates believe that foreign agents engaged in lobbying should be required to register under FARA because of their primary relationship to a foreign principal. They also believe that the foreign agents who register under FARA should then be exempt from the LDA.¹⁴³

Amending FARA to repeal the LDA exemption, or creating an exemption in LDA for FARA filers, might serve to increase the number of foreign agents who register under FARA. Foreign agents who currently use the LDA exemption presumably have an advocacy relationship that meets the LDA definition of a lobbyist.¹⁴⁴ If the LDA exemption were repealed or modified, these foreign agents would conceivably have to register under FARA and LDA, thus arguably providing additional insight into the advocacy work of foreign agents and the number of foreign agents in the United States. Should an exemption in LDA be created to exempt FARA filers, foreign agents would only register under FARA and the LDA data would no longer contain these individuals and firms, thus potentially creating a similar issue of underregistration in LDA for lobbyists who represent foreign clients.

If the FARA exemption was repealed or modified, individuals or firms who represent foreign clients could have to register under both laws. The current exemption schema seemingly prevents potentially duplicate registrations. The issue of registration under both laws could be further complicated because the laws are administered by different entities—the Department of Justice (FARA) and the Clerk of the House of Representatives and the Secretary of the Senate (LDA).¹⁴⁵

Require Disclosure of Exemption Use

Under current law, foreign agents must register within 10 days of agreeing to become an agent.¹⁴⁶ If a foreign agent is eligible for one of the FARA exemptions,¹⁴⁷ they do not have to register. Determination of the need to register is the "responsibly of a person or entity potentially subject to FARA,"¹⁴⁸ and the "burden of establishing the availability of an exemption rests upon the party claiming it."¹⁴⁹

Legislation has proposed to capture information about parties engaged in activities that would likely be covered by FARA when a potential filer might use an exemption.¹⁵⁰ For example, some proposals would require potential foreign agents to indicate their exemption usage on their LDA filings. Such proposals could provide additional information on the use of exemptions.

Restricting Certain Former Officials From Acting as Foreign Agents

Current revolving door laws require that former executive and legislative branch officials serve a one-year "cooling off" period before performing certain representational or advocacy activities on behalf of foreign governments or foreign political parties.¹⁵¹ In recent years, media reports,¹⁵² and academic studies¹⁵³ have evaluated and discussed former federal and congressional officials' use of the "revolving door" to become foreign agents, in some cases concluding that violations of the law might be occurring. To counter the narrative that former executive or congressional officials are not observing statutory "cooling off" periods, legislation has been introduced to alter restrictions on former Members of Congress, congressional employees, and/or executive branch officials from becoming foreign agents. Strategies to limit the registration of these individuals as foreign agents generally take two forms. Some proposals would ban former Members of Congress or congressional employees from receiving certain benefits for any month they are registered as foreign agents.¹⁵⁴ Other proposals would increase the "cooling off" period for congressional or executive branch officials from the current 1 year to 10 years or more.¹⁵⁵

Restricting a former covered official's access to retirement benefits if the official serves as a foreign agent might dissuade individuals from representing foreign clients after their government service. Determining whether a particular individual might be eligible for retirement benefits in a particular month would likely require real-time matching of data to know if a covered official lobbied in a particular period, and communication of those data to benefit administrators.¹⁵⁶

The extension of "cooling off" periods, or bans on former officials from becoming foreign agents, are often designed to discourage covered individuals from representing foreign clients within the period specified by the law. One academic study found that former officials thrive on contacts with their former colleagues or bosses.¹⁵⁷ Another academic study found that when those contacts leave government, the lobbyists are found to be less effective.¹⁵⁸ Subsequently, some see the extension of the "cooling off" period as a strategy to further discourage covered government employees from trying to leverage their experience.¹⁵⁹

Extending the "cooling off" period to two years or more could possibly be seen as an unreasonable restriction on post-employment. In some circumstances, however, lifetime bans have been applied to certain individuals engaged in specific capacities during their time in government. For example, 18 U.S.C. §207(b) banned the U.S. Trade Representative and the Deputy Trade Representative for life from "representing, aiding, or advising foreign entities with the intent to influence a decision of a government official."¹⁶⁰

Concluding Observations

The Foreign Agents Registration Act is more than 90 years old. Initially enacted to "combat the spread of hidden foreign influence through propaganda in American politics,"¹⁶¹ today FARA has been reoriented to focus on foreign principals engaged in advocacy activities in the United States.

An analysis of FARA and its amendments in 1942, 1966, and 1995; scholarly work on foreign agents; and proposed legislation identified five areas where interest in further altering FARA has been expressed. These include registration and disclosure requirements, the labeling of informational materials, civil investigative demand authority, repealing exemptions under FARA, and restricting certain former officials from becoming foreign agents.

The continued introduction of legislation suggests that some Members of Congress are actively thinking about potential FARA amendments. Whether future amendments to FARA might occur is unknown. Should Congress decide to make changes to FARA, it may likely be the result of responding to the current foreign lobbying environment.

Appendix. Foreign Agent Registration Act (FARA) Definitions Table A-1 provides a summary of the definitions provided for in FARA. Table A-1. Foreign Agent Registration Act (FARA) Definitions

22 U.S.C. §611

Term

Definition

Person

Individuals, partnerships, associations, organizations or any other combination of individuals [§611(a)]

Foreign Principal

Government of a foreign country; foreign political party; person outside the United States;^a and "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" [§611(b)]

Agent of a Foreign Principal

(1) "Any person who acts as an agent, representatives, employee, or servant," or "at the order, request or under direct control" of a foreign principal or a person "directly or indirectly supervised, directed, controlled, financed, or subsidized ... by a foreign principal," and engages in certain covered activities;^b (2) "any person who agrees, consents, assumes or purports to act as ... an agent of a foreign principal"^c [§611(c)]

Government of a Foreign Country

"any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country," or part of another country. Does not include the United States [§611(e)]

Foreign Political Party

"Any organization or other combination of individuals … having for an aim or purpose … the establishment, administration, control, or acquisition of administration or control of a government of a foreign country." Does not include the United States [§611(f)]

Public-Relations Counsel

"any person who engages directly or indirectly in informing, advising, or in any way representing a principal in any public relations matter pertaining to political or public interests, policies, or relations" [§611(g)]

Publicity Agent

"any person who engages directly or indirectly in the publication or dissemination of oral, visual, graphic, written, or pictorial information or matter of any kind, including publication by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or otherwise" [§611(h)]

Information-Service Employee

"any person who is engaged in furnishing, disseminating, or publishing accounts, descriptions, information, or data with respect to the political, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United States or of any government of a foreign country or of a foreign political party or of a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign country [§611(i)]

Registration Statement

Registration statement required to be filed with the Attorney General under 22 U.S.C. 612(a) [§611(k)]

American Republic

Any of the states which were signatory to the Final Act of the Second Meeting of the Ministers of Foreign Affairs of the American Republics at Habana, Cuba, July 30, 1940^d [§611(l)]

United States

Includes the States, the District of Columbia, the territories, the Canal Zone, the insular possessions, and other places subject to the civil or military jurisdiction of the United States [§611(m)]

Prints

"Newspapers and periodicals, books, pamphlets, sheet music, visiting cards, address cards, printing proofs, engravings, photographs, pictures, drawings, plans, maps, patterns to be cut out, catalogs, prospectuses, advertisements, and printed, engraved, lithographed, or autographed notices of various kinds … and impressions or reproductions…." [§611(n)]

Political Activities

Any activities that the engaging party believes will or intends to influence government or the American public in regards to American domestic or foreign policy [§611(o)]

Political Consultant

"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" [§611(p)]

Source: CRS analysis and summary of 22 U.S.C. §611.

Notes:

a. A person is not an agent of a foreign principal if they are a citizen of and live in the United States, or are a business incorporated in the United States and have their principal place of business within the United States [§611(b)(2)]. b. With respect to covered activities, FARA defines an agent of a foreign principal as one who "(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" [§611(c)(1)]. c. Pursuant to 22 U.S.C. §611(d), "The term 'agent of a foreign principal' does not include any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3611 of title 39, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 per centum beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by any foreign principal defined in subsection (b) of this section, or by any agent of a foreign principal required to register under this subchapter." d. For more information on the Final Act of the Second Meeting of the Ministers of Foreign Affairs of the American Republics at Habana, Cuba, July 30, 1940, see "Provisional Administration of European Colonies and Possessions in the Americas (Convention)," July 30, 1940, 56 Stat. 1273, Treaty Series 977, https://www.loc.gov/law/help/us-treaties/bevans/m-ust000003-0623.pdf.

Kathleen Marchsteiner, Research Librarian, assisted with research for this report.

Footnotes

1.

P.L. 75-853, 52 Stat. 631 (1938).

2.

U.S. Department of Justice, Office of Public Affairs, "Department of Justice Posts Advisory Opinions on FARA.Gov Website," press release, June 8, 2018, https://www.justice.gov/archives/opa/pr/department-justice-posts-advisory-opinions-faragov-website.

3.

Karim G. Lynn, "Unconstitutional Institutions: Political Propaganda and the Foreign Agents Registration Act," New York Law School Law Review, vol. 33, no. 2 (1988), p. 346.

4.

Vierick v. United States, 318 U.S. 236, 241 (1943). See also, U.S. Congress, House Committee on the Judiciary, Lobbying Disclosure Act of 1995, report to accompany H.R. 2564, 104^th Cong., 1^st sess., November 14, 1995, H.Rept. 104-339, part 1, pp. 5-8.

5.

U.S. Department of Justice, "Foreign Agents Registration Act," https://www.justice.gov/nsd-fara.

6.

Philip J. Perry, "Recently Proposed Reforms to the Foreign Agents Registration Act," Cornell International Law Journal, vol. 23, no. 1 (Winter 1990), p. 133.

7.

U.S. Congress, House Committee on the Judiciary, Foreign Propaganda, report to accompany H.R. 1591, 75^th Cong., 1^st sess., July 30, 1937, H.Rept. 1381, p. 2.

8.

Ava Marion Plakins, "Heat Not Light: The Foreign Agents Registration Act after Meese v. Keene," Fordham International Law Journal, vol. 11, no 1 (1987), pp. 184-207; and Nick Robinson, "'Foreign Agents' in an Interconnected World: FARA and the Weaponization of Transparency," Duke Law Journal, vol. 69 (2020), pp. 1075-1147, https://scholarship.law.duke.edu/dlj/vol69/iss5/2.

9.

For more information on foreign involvement in campaigns and campaign finance, see CRS Report R46146, Campaign and Election Security Policy: Overview and Recent Developments for Congress, coordinated by R. Sam Garrett; and CRS In Focus IF10697, Foreign Money and U.S. Campaign Finance Policy, by R. Sam Garrett.

10.

For example, see C.H. Van Tyne, "Influence which Determined the French Government to Make the Treaty with America, 1778," The American Historical Review, vol. 21, no. 3 (April 1916), pp. 528-541; C.H. Van Tyne, "French Aid Before the Alliance of 1778," The American Historical Review, vol. 31, no. 1 (October 1925), pp. 20-40; and Orville T. Murphy, "The Battle of Germantown and the Franco-American Alliance of 1778," The Pennsylvania Magazine of History and Biography, vol. 82, no. 1 (January 1958), pp. 55-64.

11.

Gouverneur Morris, among others, expressed this concern on July 5, 1787, during discussions about the Constitution. The Records of the Federal Convention of 1787 note that Morris said: "How far foreign powers would be ready to take part in the confusions he would not say. Threats that they will be invited have it seems been thrown out. He drew the melancholy picture of foreign intrusions as exhibited in the History of Germany, and urged it as a standing lesson to other nations." Records of the Federal Convention of 1787, edited by Max Farrand, vol. 1 (Yale University Press, 1911), p. 530, https://www.loc.gov/resource/llscdam.llfr001/?sp=560&st=pdf&r=-0.472%2C-0.064%2C1.945%2C1.945%2C0&pdfPage=560.

12.

U.S. Constitution, Article I, section 9, clause 8. For more information on the Emoluments Clause, see CRS In Focus IF11086, The Emoluments Clauses of the U.S. Constitution, by Kevin J. Hickey and Michael A. Foster.

13.

U.S. Senate, United States Senate Historical Office, Washington's Farewell Address to the People of the United States, S.Pub. 115-5, pp. 20-21, https://www.senate.gov/artandhistory/history/resources/pdf/Washingtons_Farewell_Address.pdf.

14.

"General Wilkinson," House debate, Annuals of the Congress of the United States, vol. 18 (January 18, 1808), pp. 1461-1462. General Wilkinson was given back his commission by President James Madison on February 14, 1812. In explaining why General Wilkinson was being recommissioned, President Madison wrote "that although there are instances in the Court, as well as in the conduct of the Officer on trial, which are evidently and justly objectionable, his acquittal of the several charges agst.[sic] him is approved, and his sword is accordingly ordered to be restored." Andro Linklater, An Artist in Treason: The Extraordinary Double Life of General James Wilkinson (Walker Publishing Company, 2009), p. 294.

15.

Thomas Robson Hay, "Some Reflections on the Career of General James Wilkinson," The Mississippi Valley Historical Review, vol. 21, no. 4 (March 1935), p. 486.

16.

For example, as early as 1852, a joint resolution was introduced to reaffirm "that governments are instituted among men to secure the inalienable rights of life, liberty, and the pursuits of happiness" and resolved that the government "will perseveringly adhere to, as a principle of international action, the advice given by Washington in his Farewell Address: ... 'Against the insidious wiles of foreign influence.'" For more information, see "Non-Intervention," Congressional Globe vol. 21 (January 19, 1852), p. 298.

17.

U.S. Congress, House Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda, report pursuant to H.Res. 198, 73^rd Congress, 74^th Cong., 1^st sess., February 15, 1935, H.Rept. 153, p. 2.

18.

Edmund G. Brown. "The Right to Petition: Political or Legal Freedom," UCLA Law Review, vol. 8, issue 3 (July 1961), p. 730.

19.

In 1628, the English Parliament "forced the King [Charles I] to assent to the Petition of Right. This asked for settlement of Parliament's complaints against the King's non-parliamentary taxation and imprisonments without trial, plus the unlawfulness of martial law and forced billets." For more information see, United Kingdom Parliament, "The Civil War: Charles I and the Petition of Right," Living Heritage, http://www.parliament.uk/about/living-heritage/evolutionofparliament/parliamentaryauthority/civilwar/overview/petition-of-right.

20.

Stephen A. Higginson, "A Short History of the Right to Petition Government for the Redress of Grievances," The Yale Law Journal, vol. 96, no. 1 (November 1986), pp. 142-166; and Norman B. Smith, "'Shall Make No Law Abridging ... ': An Analysis of the Neglected, But Nearly Absolute, Right of Petition," University of Cincinnati Law Review, vol. 54, no. 4 (1986), pp. 1153-1197.

21.

Maggie McKinley, "Lobbying and the Petition Clause," Stanford Law Review, vol. 68, issue 5 (May 2016), pp. 1131-1206; and Nicholas W. Allard, "Lobbying Is an Honorable Profession: The Right to Petition and the Competition to Be Right," Stanford Law & Policy Review, vol. 19, no. 1 (2008), pp. 23-69.

22.

Testimony of Carl J. Austrian, American-Jewish Committee, in U.S. Congress, House Committee on the Judiciary, Subcommittee No. 1, To Require the Registration of Certain Persons Employed by Agencies To Disseminate Propaganda in the U.S., hearing on H.R. 1591, 75^th Cong., 1^st sess., June 16, 1937, unpublished, p. 28.

23.

H.R. 5287 (65^th Congress), introduced August 24, 1917.

24.

H.R. 2585 (65^th Congress), introduced April 10, 1917.

25.

H.R. 2583 (65^th Congress), introduced April 10, 1917.

26.

S.Res. 307 (66^th Congress), agreed to February 16, 1920.

27.

U.S. Congress, Senate Committee on the Judiciary, Brewing and Liquor Interests and German and Bolshevik Propaganda, pursuant to S.Res. 307 and 439 (65^th Congress), 66^th Cong., 1^st sess., July 28, 1919, S.Doc. 62, vol. 1, pp. v-vi.

28.

U.S. Congress, Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda, 74^th Cong., 1^st sess., February 15, H.Rept. 153, p. 2.

29.

H.Res. 198 (73^rd Congress), agreed to March 20, 1934.

30.

H.Res. 198 (73^rd Congress).

31.

U.S. Congress, Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda, 74^th Cong., 1^st sess., February 15, H.Rept. 153, 1935).

32.

U.S. Congress, Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda, p. 25.

33.

"Public Bills and Resolutions," Congressional Record, vol. 81, part 1 (January 5, 1937), p. 34.

34.

U.S. Congress, House Committee on the Judiciary, Foreign Propaganda, report to accompany H.R. 1591, 75^th Cong., 1^st sess., July 30, 1937, H.Rept. 1381, p. 2.

35.

Testimony of Representative John McCormack, in U.S. Congress, House Committee on the Judiciary, Subcommittee No. 1, To Require the Registration of Certain Persons Employed by Agencies To Disseminate Propaganda in the U.S., hearing on H.R. 1591, 75^th Cong., 1^st sess., June 16, 1937, unpublished, p. 4.

36.

For more information on the debate and legislative process, see "Foreign Propaganda," debate in the House, Congressional Record, vol. 81, part 7 (August 3, 1937), pp. 8037-8038; "Dissemination of Propaganda in the United States," debate in the Senate, Congressional Record, vol. 83, part 6 (May 17, 1938), pp. 7052-7053; "Registration of Persons Employed to Disseminate Propaganda—Conference Report," Congressional Record, vol. 83, part 7 (May 27, 1938), pp. 7619-7620; and "Registration of Certain Persons Disseminating Propaganda," Congressional Record, vol. 83, part 7 (June 2, 1938), pp. 8021-8022.

37.

"Message from the President," Congressional Record, vol. 83, part 8 (June 9, 1938), p. 8636.

38.

P.L. 75-853, 52 Stat. 631 (1938).

39.

P.L. 75-853, §1(d). An agent of a foreign principal meant "any person who acts or engages or agrees to act as a public-relations counsel, publicity agent, or as agent, servant, representative, or attorney for a foreign principal or for any domestic organization subsidized directly or indirectly in whole or in part by a foreign principal. Such term shall not include a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State of the United States, nor a person, other than a public-relations counsel, or publicity agent, performing only private, nonpolitical, financial, mercantile, or other activities in furtherance of the bona fide trade or commerce of such foreign principal."

40.

P.L. 75-853, §1(c). A foreign principal meant "the government of a foreign country, a political party of a foreign country, a person domiciled abroad, or any foreign business, partnership, association, corporation, or political organization."

41.

P.L. 75-853, §1(d).

42.

P.L. 75-853, §2.

43.

P.L. 75-853, §3.

44.

P.L. 75-853, §4.

45.

P.L. 75-853, §5.

46.

U.S. Congress, House Committee on the Judiciary, Amending the Act Requiring Registration of Agents of Foreign Principals, report to accompany H.R. 5988, 76^th Cong., 1^st sess., May 31, 1939, H.Rept. 711, pp. 1-2. See also, U.S. Congress, Senate, Committee on the Judiciary, Amending the Act Requiring Registration of Agents of Foreign Principals, report to accompany H.R. 5988, 76^th Cong., 1^st sess, July 25, 1939, S.Rept. 902, pp. 1-2. In 1942, administration of FARA was transferred from the Department of State to the Department of Justice. See Executive Order 9176, "Transferring the Administration of the Act of June 8, 1938, as amended, Requiring the Registration of Agents of Foreign Principals, from the Secretary of State to the Attorney General," 7 Federal Register 4127, June 2, 1942.

47.

P.L. 76-319, Chap. 521, 53 Stat. 1244 (1939). The 1939 act made "clarifying amendments … requiring the registration of person employed by foreign principals to disseminate propaganda in the United States." U.S. Congress, Senate Committee on the Judiciary, Amending the Act Requiring Registration of Agents of Foreign Principals, report to accompany H.R. 5988, 76^th Cong., 1^st sess., July 24, 1939, S.Rept. 76-902, pp. 1-2. See also U.S. Congress, House Committee on the Judiciary, Amending the Act Requiring Registration of Agents of Foreign Principals, report to accompany H.R. 5988, 76^th Cong., 1^st sess., May 31, 1939, H.Rept. 76-711.

48.

Bruce Lannes Smith, "Democratic Control of Propaganda through Registration and Disclosure I," Public Opinion Quarterly, vol. 6, no. 1 (Spring 1942), pp. 27-40; and Bruce Lannes Smith "Democratic Control of Propaganda through Registration and Disclosure II," Public Opinion Quarterly, vol. 7, no. 4 (Winter 1943), pp. 707-719.

49.

H.Res. 282 (75^th Congress).

50.

U.S. Congress, House, Special Committee on Un-American Activities, Investigation of Un-American Propaganda Activities in the United States, report pursuant to H.Res. 282 (75^th Cong.) and H.Res. 26 (76^th Cong), 77^th Cong., 1^st sess., H.Rept. 1, January 3, 1941 (Washington: GPO, 1941), p. 1.

51.

U.S. Congress, House, Special Committee on Un-American Activities, Investigation of Un-American Propaganda activities in the United States, report pursuant to H.Res. 282 (75^th Cong.) and H.Res. 26 (76^th Cong), 76^th Cong., 3^rd sess., January 3, 1940, H.Rept. 1476; and U.S. Congress, House, Special Committee on Un-American Activities, Special Report on Subversive Activities Aimed at Destroying Our Representative Form of Government, report pursuant to H.Res. 282 (75^th Cong.) and H.Res. 26 (76^th Cong), 77^th Cong., 2^nd sess., June 25, 1942, H.Rept. 2277.

52.

U.S. Congress, House, Committee on the Judiciary, Amending the Act Requiring the Registration of Foreign Agents, report to accompany H.R. 6269, 77^th Cong., 1^st sess., December 18, 1941, H.Rept. 1547, p. 1.

53.

U.S. Congress, House, Committee on the Judiciary, Amending the Act Requiring the Registration of Foreign Agents (1941), pp. 1-2.

54.

H.R. 6269 (77^th Congress); "Public Bills and Resolutions," Congressional Record, vol. 87, part 9 (December 17, 1941), p. 9949. H.R. 6269 was reported by the House Judiciary Committee on December 18, 1941; passed the Senate, with amendments, on January 12, 1942; and the conference report was agreed to in the House and Senate on January 28, 1942. Senate passage: "Registration of Propagandists," Congressional Record, Senate debate, vol. 88, part 1 (January 12, 1942); Senate agreement to Conference Report: "Registration of Propagandists—Conference Report," Congressional Record, vol. 88, part 1 (January 28, 1942), p. 791; and House agreement to conference report: "Amending the Foreign Agents' Registration Act," Congressional Record, vol. 88, part 1 (January 28, 1942), p. 797.

55.

U.S. Congress, House, Committee on the Judiciary, Amending the Act Requiring Registration of Foreign Agents, report to accompany S. 2399, 77^th Cong., 2^nd sess., April 20, 1942, H.Rept. 2038, p. 1.

56.

U.S. Congress, House, Message from the President of the United States Transmitting without Approval, H.R. 6269, A Bill to Amend the Act Entitled "An Act to Require the Registration of Certain Persons Employed by Agencies to Disseminate Propaganda in the United States, and for Other Purposes," Approved June 8, 1938, as Amended, 77^th Cong., 2^nd sess., February 9, 1942, H.Doc. 611.

57.

U.S. Congress, House, Message from the President of the United States Transmitting without Approval, H.R. 6269, pp. 1-2.

58.

U.S. Congress, Senate, Committee on the Judiciary, Amendments to the Act of June 8, 1938, as Amended, Requiring the Registration of Agents of Foreign Principals, report to accompany S. 2399, 77^th Cong., 2^nd sess., S.Rept. 1227, p. 3; and U.S. Congress, House, Committee on the Judiciary, Amending the Act Requiring Registration of Foreign Agents, report to accompany S. 2399, 77^th Cong., 2^nd sess., H.Rept. 2038, p. 3.

59.

"Registering of Persons Disseminating Propaganda," Congressional Record, vol. 77, part 3 (March 30, 1942), p. 3178; and P.L. 532, 56 Stat. 248 (1942).

60.

U.S. Department of Justice, The Foreign Agents Registration Act of 1938, As Amended and the Rules and Regulations Prescribed by the Attorney General, 1942, p. 2.

61.

P.L. 532, §2.

62.

P.L. 532, §1(2).

63.

P.L. 532, §1(3).

64.

P.L. 532, §1(1)(j).

65.

P.L. 532, §1(4)

66.

P.L. 532, §1(5)-(6).

67.

P.L. 532, §1(8).

68.

David L. Simiele, "Disclosure Under the Foreign Agents Registration Act of 1938, as Amended, Note," Western Reserve Law Review, vol. 14, issue 3 (June 1963), p. 579-590.

69.

Francis R. O'Hara, "The Foreign Agents Registration Act-The Spotlight of Pitiless Publicity," Villanova Law Review, vol. 10, no. 3 (Spring 1965), p. 441.

70.

O'Hara, "The Foreign Agents Registration Act-The Spotlight of Pitiless Publicity," p. 441; and "Attorneys under the Foreign Agents Registration Act of 1938," Harvard Law Review vol. 78, no. 3 (January 1965), pp. 619-634.

71.

Daniel M. Berman and Robert A. Heineman, "Lobbying by Foreign Governments on the Sugar Act Amendments of 1962," Law and Contemporary Problems, vol. 26, no. 2 (Spring 1963), p. 416, https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2961&context=lcp.

72.

U.S. Congress, Senate Committee on Governmental Affairs, Subcommittee on Oversight of Government Management, The Federal Lobbying Disclosure Laws, 102^nd Cong., 1^st sess., June 20, July 16, and September 25, 1991, S.Hrg. 102-377, p. 487.

73.

U.S. Congress, Senate Committee on Foreign Relations, Nondiplomatic Activities of Representatives of Foreign Governments, committee print, 87^th Cong., 2^nd sess., July 1962, p. v.

74.

Senate Committee on Foreign Relations, Nondiplomatic Activities of Representatives of Foreign Governments, p. v.

75.

Sen. James Fulbright, "Amendment of Foreign Agents Registration Act of 1938," Congressional Record, vol. 109, part 12 (September 10, 1963), p. 16598. Sen. Fulbright, along with Sen. Bourke Hickenlooper, introduced S. 2136 (88^th Congress). It passed the Senate in July 1963, but was not considered by the House. U.S. Congress, Senate Committee on Foreign Relations, Foreign Agents Registration Act, hearing on S. 693, 89^th Cong., 1^st sess., February 16, 1965, p. 5.

76.

Sen. James Fulbright, "Amendment of Foreign Agents Registration Act," Senate debate, Congressional Record, vol. 111, part 5 (April 5, 1965), p. 6984.

77.

"Messages from the President—Approval of Bills and Joint Resolution," Congressional Record, vol. 112, part 11 (July 11, 1966), p. 15066. The 1966 amendment (S. 693) passed the Senate on April 5, 1965 ("Amendment to Foreign Agents Registration Act of 1938, as Amended," Senate debate, Congressional Record, vol. 111, part 5 [April 5, 1965], pp. 6982-6994), were reported by the House Judiciary Committee on May 3, 1966 ("Reports of Committees on Public Bills and Resolutions," Congressional Record, vol. 112, part 8 [May 3, 1966], p. 9785), and passed the House on May 16, 1966, with amendment (Foreign Agents Registration Act Amendments," House debate, Congressional Record, vol. 112, part 8 [May 16, 1966], pp. 10534-10539). Following a conference committee, the conference report was adopted by the Senate and the House on June 21, 1966 ("Amendment of Foreign Agents Registration Act of 1938—Conference Report," Congressional Record, vol. 112, pat 10 [June 21, 1966], p. 13827-13828); "Foreign Agents Registration Act Amendments," House debate, Congressional Record, vol. 112, part 10 (June 21, 1966), pp. 13713-13714; and U.S. Congress, House, U.S. Congress, House, Foreign Agents Registration Act Amendments, conference report to accompany S. 693, 89^th Cong., 2^nd sess., June 16, 1966, H.Rept. 1632.

78.

U.S. Congress, House Committee on the Judiciary, Foreign Agents Registration Act Amendments, report to accompany S. 693, 89^th Cong., 2^nd sess., May 1966, H.Rept. 1470, p. 2.

79.

P.L. 89-486, 80 Stat. 244 (1966).

80.

P.L. 89-486, §1(1)-(5).

81.

P.L. 89-486, §1(5), §2(7), and §3.

82.

P.L. 89-486, §2.

83.

P.L. 89-486, §4.

84.

P.L. 89-486, §7.

85.

P.L. 104-65, 109 Stat. 691 (1995); 2 U.S.C. §§1601-1614. For more information on the Lobbying Disclosure Act, see CRS Report R44292, The Lobbying Disclosure Act at 20: Analysis and Issues for Congress, by Jacob R. Straus.

86.

Sen. Robert Dole, "Lobbying Reform," remarks in the Senate, Congressional Record, vol. 141, part 14 (July 25, 1995), p. 20193.

87. U.S. Congress, House, Committee on the Judiciary, Lobbying Disclosure Act of 1995, ,
report to accompany H.R. 2564report to accompany H.R. 2564, 104^th, 104th Cong., Cong., 1st sess., November 14, 1995, H.Rept. 104-339, part 1 (Washington:
GPO, 1995), pp. 5-8.
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is unknown. Should Congress decide to make changes to FARA, it may likely be the result of
responding to the current foreign lobbying environment.


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link to page 30 link to page 31 link to page 31 link to page 31 link to page 31 Foreign Agents Registration Act (FARA): Background and Issues for Congress

Appendix. Foreign Agent1^st sess., H.Rept. 104-339, Part 1, November 14, 1995, p. 21. 88.

P.L. 110-81, §212, 121 Stat. 749 (2007). For an analysis of the types of activities foreign agents engage in on behalf of foreign principals and the countries that hire the greatest number of foreign agents using data from the publicly available FARA database, see CRS In Focus IF13176, Foreign Agents Registration Act (FARA): Foreign Principal Locations and Activities in the United States, by Jacob R. Straus.

89.

P.L. 110-81, §212.

90.

For a legal analysis of FARA, see CRS In Focus IF11439, Foreign Agents Registration Act (FARA): A Legal Overview, by Whitney K. Novak.

91.

22 U.S.C. §611(d) provides that "(d) The term 'agent of a foreign principal' does not include any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3611 of title 39, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 per centum beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by any foreign principal defined in subsection (b) of this section, or by any agent of a foreign principal required to register under this subchapter."

92.

22 U.S.C. §612(a).

93.

22 U.S.C. §612(b).

94.

U.S. Department of Justice, National Security Division, Foreign Agents Registration Act (FARA) Unit, https://www.fara.gov.

95.

22 U.S.C. §612(c).

96.

22 U.S.C. §612(g). Instructions for filing statements online can be found at U.S. Department of Justice, National Security Division, Foreign Agents Registration Act (FARA) Unit, "Registration Forms and Templates," https://www.justice.gov/nsd-fara/fara-forms.

97.

U.S. Department of Justice, National Security Division, Foreign Agents Registration Act (FARA) Unit, "Search Filings," https://efile.fara.gov/ords/fara/f?p=1235%3A10. Filings can also be browsed using a link provided on the FARA website.

98.

22 U.S.C. §614.

99.

U.S. Department of Justice, National Security Division, Foreign Agents Registration Act (FARA) Unit, "What should the conspicuous statement say?" General FARA Frequently Asked Questions, https://www.justice.gov/nsd-fara/frequently-asked-questions#:~:text=FARA%20database%20searchable%3F-,Informational%20Materials,-What%20are%20informational. For additional regulations on the labeling of informational materials, see 28 C.F.R. §5.402, https://www.ecfr.gov/current/title-28/chapter-I/part-5/section-5.402.

100.

FARA Unit, "What should the conspicuous statement say?"

101.

For more information on labels for campaign political advertisements, see CRS In Focus IF11398, Campaign Finance Law: Disclosure and Disclaimer Requirements for Political Campaign Advertising, by L. Paige Whitaker; and CRS In Focus IF10758, Online Political Advertising: Disclaimers and Policy Issues, by R. Sam Garrett.

102.

22 U.S.C. §615.

103.

28 C.F.R. §5.500(a).

104.

28 C.F.R. §5.500(b).

105.

28 C.F.R. §5.500(c).

106.

22 U.S.C. §616(a)-(c).

107.

22 U.S.C. §616(d). That database can be browsed at https://efile.fara.gov/ords/fara/f?p=1381%3A1%3A14838927876520%3A%3A%3A%3A%3A, and searched at https://efile.fara.gov/ords/fara/f?p=1235%3A10. In addition to the browsable and searchable database, bulk data can be downloaded from https://efile.fara.gov/ords/fara/r/fara_ws/api/fara-api.

108.

22 U.S.C. §617.

109.

22 U.S.C. §618(a).

110.

22 U.S.C. §614(b) and (e)-(f).

111.

22 U.S.C. §618(g) and (h).

112.

22 U.S.C. §618(a). On February 5, 2025, the Attorney General issued a memorandum on "General Policy Regarding Charging, Plea Negotiations, and Sentencing." The memorandum stated: "To free resources to address more pressing priorities, and end risks of further weaponization and abuses of prosecutorial discretion, the Foreign Influence Task Force shall be disbanded. Recourse to criminal charges under the Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951 shall be limited to instances of alleged conduct similar to more traditional espionage by foreign government actors." See The Office of the Attorney General, General Policy Regarding Charging, Plea Negotiations, and Sentencing, Department of Justice, February 5, 2025, https://www.justice.gov/ag/media/1388541/dl.

113.

22 U.S.C. §619. The Territories include Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. The Canal Zone is the Panama Canal Zone as established by the Panama Canal Treaty of 1977. For information, see 22 U.S.C. §3602.

114.

22 U.S.C. §620.

115.

28 C.F.R. §§5.1-5.1101 can be found at https://www.ecfr.gov/current/title-28/chapter-I/part-5.

116.

22 U.S.C. §621.

117. In the 117^th Congress, the House Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, held a hearing on FARA. For more information on that hearing, see U.S. Congress, House Judiciary Committee, Subcommittee on Constitution, Civil Rights, and Civil Liberties, Enhancing the Foreign Agents Registration Act of 1938, 117^th Cong., 2^nd sess., April 5, 2022, Serial 117-62, https://www.govinfo.gov/content/pkg/CHRG-117hhrg48304/html/CHRG-117hhrg48304.htm; U.S. Congress, House Judiciary Committee, Subcommittee on Constitution, Civil Rights, and Civil Liberties, Enhancing the Foreign Agents Registration Act of 1938, April 5, 2022, https://www.youtube.com/watch?v=b_gx-SkRBxo; and CRS Testimony TE10072, Enhancing the Foreign Agents Registration Act of 1938, by Jacob R. Straus. For more analysis of FARA registrants' activities, see CRS In Focus IF13176, Foreign Agents Registration Act (FARA): Foreign Principal Locations and Activities in the United States, by Jacob R. Straus; and Jacob R. Straus, "Lobbying from the Outside: Foreign Agents, Lobbyists, and Foreign Advocacy in the USA," Interest Groups & Advocacy, vol. 13, no. 4 (December 2024), pp. 527-545. 118.

A search of Congress.gov (both full text and bill summaries) from the 111^th Congress (2009-2010) to the 119^th Congress (2025-2026, through May 15, 2026) finds approximately 279 bills introduced that included the term "foreign agents registration act." For a full search, see U.S. Congress, Congress.gov, https://www.congress.gov/u/M1ylVDcqE3FI0cMaqyKm4. The search began in the 111^th Congress because it was the first Congress after the enactment of minor FARA reforms in the Honest Leadership and Open Government Act (HLOGA), P.L. 110-81, §212, 121 Stat. 749 (2007). This report does not attempt to summarize all introduced legislation, but rather to indicate several types of policy proposals that are found in the various measures and indicate illustrative examples of each policy proposal.

119.

22 U.S.C. §§611-612.

120.

Certain individuals and groups are exempt from FARA registration. For more information on exemptions, see "Section 613—Exemptions."

121.

For example, see Yuk K. Law, "The Foreign Agents Registration Act: A New Standard for Determining Agency," Fordham International Law Journal, vol., 6, issue 2 (1982), pp. 367-370.

122.

For example, see S. 2039 (115^th Congress) and H.R. 4170 (115^th Congress). On January 17, 2018, the House Judiciary Committee marked up H.R. 4170 and ordered the bill to be reported.

123.

Lobbying laws differ for foreign agents (FARA) and domestic lobbyists (LDA). These two laws are administrated by different entities—FARA by the Department of Justice and LDA by the Clerk of the House and the Secretary of the Senate (2 U.S.C. §1603(a)(1)). For more information on LDA, see CRS Report RL34377, Lobbying Registration and Disclosure: The Role of the Clerk of the House and the Secretary of the Senate, by Jacob R. Straus.

124.

Rep. David Cicilline, remarks at U.S. Congress, House, Committee on the Judiciary, "Markup of H.R. 4170, The 'Disclosing Foreign Influence Act,'" January 17, 2018, p. 25, https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-115-JU00-Transcript-20180117.pdf.

125.

See, for example, H.R. 1566 (116^th Congress), introduced on March 6, 2019; H.R. 1, §7104 (116^th Congress), passed the House on March 8, 2019. For more information on H.R. 1, including its FARA provisions, see CRS In Focus IF11097, H.R. 1 and S. 1: Overview and Related CRS Products, coordinated by R. Sam Garrett.

126.

U.S. Department of Justice, "Search Filings," https://efile.fara.gov/ords/f?p=1235:10.

127.

Proposed changes to the administration or enforcement of FARA could require adjustments in funding levels or staffing resources. U.S. General Accounting Office, Foreign Agent Registration: Justice Needs to Improve Program Administration, GAO/NSIAD-90-250, July 30, 1990, p. 3, https://www.gao.gov/assets/220/213011.pdf#page=4.

128.

For example, see Joshua R. Fattal, "FARA on Facebook: Modernizing the Foreign Agents Registration Act to Address Propagandists on Social Media," New York University Journal of Legislation and Public Policy, vol. 21, no. 4 (2019), pp. 903-948; and US v. Concord Management & Consulting LLC (347 F. Supp. 3d 28), 49, https://scholar.google.com/scholar_case?case=15089234790502537545&hl=en&as_sdt=6,47&as_vis=1.

129.

See, for example, H.R. 2811 (115^th Congress); S. 625 (115^th Congress); H.R. 9393, §203 (118^th Congress); and H.R. 8155 (119^th Congress).

130.

U.S. Department of Justice, "How do I File Copies of Social Media?" Frequently Asked Questions, https://www.justice.gov/nsd-fara/frequently-asked-questions#50:~:text=of%20social%20media%3F-,Informational%20materials,-in%20the%20form.

131.

National Archives and Records Administration, "Bulletin 2014-02: Guidance on Managing Social Media Records," October 25, 2013, https://www.archives.gov/records-mgmt/bulletins/2014/2014-02.html.

132.

U.S. Department of Justice, "Recent FARA Cases," https://web.archive.org/web/20241231144134/https://www.justice.gov/nsd-fara/recent-cases.

133.

H.R. 2811 (115^th Congress); H.R. 4170 (115^th Congress); H.R. 6249 (115^th Congress); S. 625 (115^th Congress); S. 2039 (115^th Congress); S. 1762 (116^th Congress); S. 1724 (117^th Congress); H.R. 4847, §205 (117^th Congress); and S. 1364 (118^th Congress).

134.

Rep. Bob Goodlatte, in U.S. Congress, House, Committee on the Judiciary, Markup of H.R. 4170, The "Disclosing Foreign Influence Act," January 17, 2018, p. 5, https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-115-JU00-Transcript-20180117.pdf#page=5.

135.

31 U.S.C. §§ 3729-3733. For more information on the False Claims Act, see U.S. Department of Justice, "The False Claims Act," https://www.justice.gov/civil/false-claims-act; CRS Report R40785, Qui Tam: The False Claims Act and Related Federal Statutes, by Charles Doyle; and CRS Report R40786, Qui Tam: An Abridged Look at the False Claims Act and Related Federal Statutes, by Charles Doyle. See also, U.S. General Accounting Office, Improvements Needed in the Administration of Foreign Agent Registration, ID-80-51, July 31, 1980, https://www.gao.gov/assets/140/130020.pdf.

136.

Rep. Bob Goodlatte, Markup of H.R. 4170, The "Disclosing Foreign Influence Act," p. 7, https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-115-JU00-Transcript-20180117.pdf#page=7.

137.

Rep. Mike Johnson, Markup of H.R. 4170, The "Disclosing Foreign Influence Act," p. 45, https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-115-JU00-Transcript-20180117.pdf#page=45.

138.

Rep. Jerrold Nadler, Markup of H.R. 4170, The "Disclosing Foreign Influence Act," p. 8, https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-115-JU00-Transcript-20180117.pdf#page=8. The Fourth Amendment protects people against unreasonable searches and seizures by the government. For more information, see United States Courts, "What does the Fourth Amendment Mean?" https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0.

139.

Rep. Nadler, Markup of H.R. 4170, The "Disclosing Foreign Influence Act," p. 10, https://docs.house.gov/meetings/JU/JU00/20180117/106786/HMKP-115-JU00-Transcript-20180117.pdf#page=10.

140. 22 U.S.C. §613(h). Under FARA, the definitions of a foreign principal can be found at 22 U.S.C. §611. Specifically, 22 U.S.C. §611(b)(2)-(3) states that a foreign principal includes "(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 Registration Act (FARA)
Definitions
Table A-1 provides a summary of the definitions provided for in FARA.
Table A-1. Foreign Agent Registration Act (FARA) Definitions
22 U.S.C. §611
Term
Definition
Person
Individuals, partnerships, associations, organizations or any other combination of
individuals [§611(a)]
Foreign Principal
Government of a foreign country; foreign political party; person outside the
United States;a and “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” [§611(b)]
Agent of a Foreign Principal
(1) “Any person who acts as an agent, representatives, employee, or servant,”
or “at the order, request or under direct control” of a foreign principal or a
person “directly or indirectly supervised, directed, control ed, financed, or
subsidized ... by a foreign principal,” and engages in certain covered activities;b
(2) “any person who agrees, consents, assumes or purports to act as ... an agent
of a foreign principal”c [§611(c)]
Government of a Foreign
“any person or group of persons exercising sovereign de facto or de jure
Country
political jurisdiction over any country,” or part of another country. Does not
include the United States [§611(e)]
Foreign Political Party
“Any organization or other combination of individuals … having for an aim or
purpose … the establishment, administration, control, or acquisition of
administration or control of a government of a foreign country.” Does not
include the United States [§611(f)]
Public-Relations Counsel
“any person who engages directly or indirectly in informing, advising, or in any
way representing a principal in any public relations matter pertaining to political
or public interests, policies, or relations” [611(g)]
Publicity Agent
“any person who engages directly or indirectly in the publication or
dissemination of oral, visual, graphic, written, or pictorial information or matter
of any kind, including publication by means of advertising, books, periodicals,
newspapers, lectures, broadcasts, motion pictures, or otherwise” [611(h)]
Information-Service Employee
“any person who is engaged in furnishing, disseminating, or publishing accounts,
descriptions, information, or data with respect to the political, industrial,
employment, economic, social, cultural, or other benefits, advantages, facts, or
conditions of any country other than the United States or of any government of
a foreign country or of a foreign political party or of a partnership, association,
corporation, organization, or other combination of individuals organized under
the laws of, or having its principal place of business in, a foreign country [611(i)]
Registration Statement
Registration statement required to be filed with the Attorney General under 22
U.S.C. 612(a) [611(k)]
American Republic
Any of the states which were signatory to the Final Act of the Second Meeting
of the Ministers of Foreign Affairs of the American Republics at Habana, Cuba,
July 30, 1940d [611(l)]
United States
Includes the States, the District of Columbia, the territories, the Canal Zone,
the insular possessions, and other places subject to the civil or military
jurisdiction of the United States [611(m)]
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Foreign Agents Registration Act (FARA): Background and Issues for Congress

Term
Definition
Prints
“Newspapers and periodicals, books, pamphlets, sheet music, visiting cards,
address cards, printing proofs, engravings, photographs, pictures, drawings,
plans, maps, patterns to be cut out, catalogs, prospectuses, advertisements, and
printed, engraved, lithographed, or autographed notices of various kinds … and
impressions or reproductions….” [611(n)]
Political Activities
Any activities that the engaging party believes wil or intends to influence
government or the American public in regards to American domestic or foreign
policy [611(o)]
Political Consultant
“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”
[611(p)]
Source: CRS analysis and summary of 22 U.S.C. §611.
Notes:
a. A person is not an agent of a foreign principal if they are a citizen of and live in the United States, or are a
business incorporated in the United States and have their principal place of business within the United
States [611(b)(2)].
b. With respect to covered activities, FARA defines an agent of a foreign principal as one who “(i) engages
within the United States in political activities for or in the interests of such foreign principal; (i ) 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; (i i) within the United States solicits, col ects,
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” [§611(c)(1)].
c. Pursuant to 22 U.S.C. §611(d), “The term ‘agent of a foreign principal’ does not include any news or press
service or association organized under the laws of the United States or of any State or other place subject the laws of the United States or of any State or other place subject
to the jurisdictionto the jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for
which there is on file with the United States Postal Service information in compliance with section 3611 of
title 39, published in the United States, solely by virtue of any bona fide news or journalistic activities,
including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor,
so long as it is at least 80 per centum beneficial y owned by, and its officers and directors, if any, are citizens
of the United States, and such news or press service or association, newspaper, magazine, periodical, or
other publication, is not owned, directed, supervised, control ed, subsidized, or financed, and none of its
policies are determined by any foreign principal defined in subsection (b) of this section, or by any agent of a
foreign principal required to register under this subchapter.”
d. For more information on the Final Act of the Second Meeting of the Ministers of Foreign Affairs of the
American Republics at Habana, Cuba, July 30, 1940, see “Provisional Administration of European Colonies
and Possessions in the Americas (Convention),” July 30, 1940, 56 Stat. 1273, Treaty Series 977, at
https://www.loc.gov/law/help/us-treaties/bevans/m-ust000003-0623.pdf.



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Author Information

Jacob R. Straus

Specialist on the Congress


Acknowledgments
Kathleen Marchsteiner, Research Librarian, assisted with research for this report.

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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." 141.

U.S. Department of Justice, "Are there exemptions to the obligation to register?" General FARA Frequently Asked Questions, https://www.justice.gov/nsd-fara/frequently-asked-questions#:~:text=obligation%20to%20register%3F-,Yes,-.%C2%A0%20An%20agent%20of. Additionally, the DOJ has issued regulations (28 C.F.R. §5.307) for the LDA exemption. It states that "For the purpose of section 3(h) of the Act, the burden of establishing that registration under the Lobbying Disclosure Act of 1995, 2 U.S.C. §1601 et seq. (LDA), has been made shall fall upon the person claiming the exemption. The Department of Justice will accept as prima facie evidence of registration a duly executed registration statement filed pursuant to the LDA. In no case where a foreign government or foreign political party is the principal beneficiary will the exemption under 3(h) be recognized."

142.

For example, see H.R. 2819 (115^th Congress); H.R. 4170 (115^th Congress); H.R. 5150, §605(b) (116^th Congress); H.R. 9393, §201 (118^th Congress); H.R. 6107 (119^th Congress); S. 1488 (119^th Congress); and S. 3050 (119^th Congress).

143.

S. 2482, §5 (115^th Congress). At least two measures have been introduced to require a LDA registration to provide a statement as to whether they are exempt from FARA. See H.R. 1887 (119^th Congress) and S. 865 (119^th Congress).

144.

Charles Lawson, "Shining the 'Spotlight of Pitiless Publicity' on Foreign Lobbyists?: Evaluating the Impact of the Lobbying Disclosure Act of 1995 on the Foreign Agents Registration Act," Vanderbilt Journal of Translational Law, vol. 29, no. 5 (November 1996), pp. 1151-1184.

145.

For more information on the administration of the LDA, see CRS Report RL34377, Lobbying Registration and Disclosure: The Role of the Clerk of the House and the Secretary of the Senate, by Jacob R. Straus.

146.

22 U.S.C. §612(a).

147.

22 U.S.C. §613.

148.

Department of Justice, "Exemptions: Do I need to contact the FARA Unit to qualify for an exemption?" Frequently Asked Questions, https://www.justice.gov/nsd-fara/frequently-asked-questions#:~:text=Letter%20of%20Inquiry%3F-,Exemptions,-Are%20there%20exemptions. Foreign agents can request an advisory opinion on the applicability of an exemption. For example, see Department of Justice, "Advisory Opinions," https://www.justice.gov/nsd-fara/advisory-opinions. In January 2025, the Department of Justice issued a proposed rule to amend and clarify Foreign Agents Registration Act regulations. Department of Justice, "Amending and Clarifying Foreign Agents Registration Act Regulations," 90 Federal Register 40-59, January 2, 2025, https://www.govinfo.gov/content/pkg/FR-2025-01-02/pdf/2024-30871.pdf. A portion of the proposed rule address aspects of FARA exemptions. The proposed rule has not been finalized as of the publication of this report.

149.

28 C.F.R. §5.300.

150.

For example, H.R. 1887 (119^th Congress) and S. 865 (119^th Congress) would each require a registrant under the Lobbying Disclosure Act (LDA) to indicate that they are exempt from FARA because they are registered under LDA. S. 865 passed the Senate on December 17, 2025. See also, U.S. General Accounting Office, Improvements Needed in the Administration of Foreign Agent Registration, ID-80-51, July 31, 1980, https://www.gao.gov/assets/140/130020.pdf.

151.

18 U.S.C. §207(f). For more information on the revolving door, see, CRS Report R45946, Executive Branch Service and the "Revolving Door" in Cabinet Departments: Background and Issues for Congress, by Jacob R. Straus.

152.

Nick Robinson, "The Foreign Agents Registration Act is Broken: Stepping Up Enforcement of FARA Before Reforming the Act is a Recipe for Disaster," Foreign Policy, July 22, 2019, https://foreignpolicy.com/2019/07/22/the-foreign-agents-registration-act-is-broken; and Megan R. Wilson, "Foreign Lobbying Law Open to Exploitation," The Hill, November 28, 2017, https://thehill.com/business-a-lobbying/362042-foreign-lobbying-law-open-to-exploitation.

153.

Jeffrey Lazarus, Amy McKay, and Lindsey Herbel, "Who Walks Through the Revolving Door?: Examining the Lobbying Activities of Former Members of Congress," Interest Groups & Advocacy, vol. 5, no. 1 (2016), pp. 82-100; Daniel G. Webber, Jr., "Proposed Revolving Door Restrictions: Limiting Lobbying by Ex-Lawmakers," Oklahoma City Law Review, vol. 21, issue 1 (Spring 1996), pp. 29-52; and Michael E. Shepard and Hye Young You, "Exit Strategy: Career Concerns and Revolving Doors in Congress," American Political Science Review, vol. 114, no. 1 (February 2020), pp. 270-284.

154.

See, for example, H.R. 3505 (115^th Congress) and H.R. 2516 (118^th Congress).

155.

H.R. 3554 (119^th Congress) and S. 1850 (119^th Congress). For example, H.R. 4343 (112^th Congress) would have increased "cooling off" periods for the President, Vice President, Members of Congress, and other officers of the executive branch from lobbying for a foreign government for 10 years after leaving office. H.R. 484 (115^th Congress) and H.R. 6476 (114^th Congress) would have created lifetime bans on political appointees from becoming agents of a foreign principal. None of these proposals were considered by the House.

156.

For more information on federal retirement benefits and administration, see CRS Report RL30631, Retirement Benefits for Members of Congress, by Katelin P. Isaacs; CRS In Focus IF10243, Civilian Federal Retirement: Current Law, Recent Changes, and Reform Proposals, by Katelin P. Isaacs; CRS Report 98-972, Federal Employees' Retirement System: Summary of Recent Trends, by Katelin P. Isaacs; and CRS Report 98-810, Federal Employees' Retirement System: Benefits and Financing, by Katelin P. Isaacs.

157.

Jeffrey Lazarus and Amy Melissa McKay, "Consequences of the Revolving Door: Evaluating the Lobbying Success of Former Congressional Members and Staff," paper presented at the annual meeting of the Midwest Political Science Association, Chicago, IL, April 2012, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2141416.

158.

Jordi Blanes I Vidal, Mirko Draca, and Christian Fons-Rosen, "Revolving Door Lobbyists," American Economic Review, vol. 102, no. 7 (2012), pp. 3731-3748, https://pubs.aeaweb.org/doi/pdfplus/10.1257/aer.102.7.3731. This study found that "lobbyists connected to US Senators suffer an average 24 percent drop in the generated revenue when their previous employer leaves the Senate." The authors regard these "findings as evidence that connections to powerful, serving politicians are key determinants of the revenue that lobbyists generate" (3732).

159.

Robert H. Mundheim, "Conflict of Interest and the Former Government Employee: Rethinking the Revolving Door," Creighton Law Review, vol. 14, no. 3 (1980-1981), pp. 707-722.

160.

U.S. Government Accountability Office, Laws on Post-Employment Activities, Foreign Representation, and Lobbying, GAO-10-766, June 2010, p. 7, https://www.gao.gov/new.items/d10766.pdf.

161.

U.S. Department of Justice, Office of Public Affairs, "Department of Justice Posts Advisory Opinions on FARA.Gov Website," press release, June 8, 2019. Specifically, FARA responded to foreign influence concerns by creating a system "to identify agents of foreign principals who might engage in subversive acts or in spreading foreign propaganda and to require them to make public record of the nature of their employment." Vierick v. United States, 318 U.S. 236, 241 (1943). See also, U.S. Congress, House Committee on the Judiciary, Lobbying Disclosure Act of 1995, report to accompany H.R. 2564, 104^th Cong., 1^st sess., November 14, 1995, H.Rept. 104-339, part 1, pp. 5-8.

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