The Foreign Agents Registration Act (FARA): A Legal Overview (CRS Report for Congress)
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| Release Date |
Dec. 4, 2017 |
| Report Number |
R45037 |
| Report Type |
Report |
| Authors |
Brown, Cynthia |
| Source Agency |
Congressional Research Service |
Summary:
In the wake of the 2016 election, concerns have been raised with respect to the legal regime
governing foreign influence in domestic politics. The central law concerning the activities of the
agents of foreign entities acting in the United States is the Foreign Agents Registration Act
(FARA or Act). Enacted in 1938 to promote transparency with respect to foreign influence in the
political process, FARA generally requires “agents of foreign principals” undertaking certain
activities on behalf of foreign interests to register with and file regular reports with the U.S.
Department of Justice (DOJ). FARA also requires agents of foreign principals to file copies of
informational materials that they distribute for a foreign principal and to maintain records of their
activities on behalf of their principal. The Act contains several exemptions, including exemptions
for news organizations, foreign officials, and agents who register under domestic lobbying
disclosure laws. Failure to comply with FARA may subject agents to criminal and civil penalties.
Although FARA has not been litigated extensively, courts have recognized a compelling
governmental interest in requiring agents of foreign principals to register and disclose foreign
influence in the domestic political process, resulting in a number of constitutional challenges
being rejected over the decades since FARA’s initial enactment.
In 2016, the Office of the Inspector General at DOJ issued a report on DOJ’s enforcement of
FARA, finding that the department lacked a comprehensive strategy for enforcement. Among the
criticisms highlighted in that report were the lack of enforcement actions brought by DOJ, as well
as issues of vagueness in the terms and breadth of the statute. Some Members of Congress have
introduced legislation to amend FARA following the Inspector General’s report and other
allegations that potential misconduct by foreign agents is not currently policed under the statute.
For example, the Disclosing Foreign Influence Act (H.R. 4170; S. 2039) would repeal the FARA
exemption that allows foreign agents to file under domestic lobbying regulations in lieu of the
Act; would provide DOJ with authority to make civil investigative demands to investigate
potential FARA violations; and would require DOJ to develop a comprehensive enforcement
strategy for FARA, with review of its effects by the agency’s Inspector General and the
Government Accountability Office. The bills’ sponsors have explained that the bills are intended
to address “ambiguous requirements for those lobbying on behalf of foreign governments,” which
“has, over the years, led to a sharp drop in the number of registrations and the prospect of
widespread abuses.”
This report examines the nature and scope of the current regulatory scheme, including the scope
of FARA’s application to agents of foreign principals; what the statute requires of those covered
under the Act; exemptions available under the statute; and methods of enforcement. The report
concludes by discussing various legislative proposals to amend FARA in the 115th Congress.
