Today, Congressman Ben Cline (R-VA) introduced the Foreign Agents Transparency Act, with bipartisan support from co-sponsors John Moolenaar (R-MI), Chairman of the Select Committee on the Chinese Communist Party, Ranking Member Raja Krishnamoorthi (D-IL), and Representatives Dusty Johnson (R-SD), Rob Wittman (R-VA), and Don Davis (D-NC).
The bill aims to address a loophole in the Foreign Agents Registration Act (FARA) highlighted by a 2022 ruling. A D.C. district judge ruled that a suspected foreign agent could not be held liable for failing to register because they had stopped lobbying for the Chinese government before the lawsuit was filed. This decision implies that unregistered foreign agents can avoid penalties by ending their relationship with foreign governments before legal action is taken.
The proposed legislation would require individuals who have acted as foreign agents to register retroactively for their activities. “Congress must take decisive action to restore FARA to its original and critical purpose following the misguided ruling that weakened this statute,” Rep. Cline stated. He emphasized the importance of transparency in safeguarding national security against foreign adversaries like the Chinese Communist Party.
Chairman Moolenaar expressed similar concerns: “To protect our democracy and national security, we must close loopholes that foreign adversaries like the Chinese Communist Party exploit to run lobbying and influence campaigns.” He described the bill as a targeted measure to ensure compliance with disclosure requirements.
Ranking Member Krishnamoorthi added, “Foreign influence campaigns have no place operating in the shadows of our democracy.” He highlighted the need for comprehensive disclosure of foreign influence to protect national security and democratic institutions.
Rep. Johnson noted that “foreign agents have exploited loopholes to avoid registering with our government,” which undermines transparency and allows adversaries like China to influence U.S. policy without oversight. The bill seeks to strengthen reporting requirements.
Congressman Rob Wittman also supported closing what he termed a “dangerous loophole” exploited by adversaries such as the Chinese Communist Party. He stressed that Americans deserve transparency about foreign governments’ efforts to influence U.S. institutions.
FARA requires individuals engaging in political, financial, or public-relations activities on behalf of a foreign principal to register with the Attorney General and disclose their relationships periodically. However, Section 612 states that terminating an agent’s status does not relieve them from filing registration statements for periods when they acted as agents.
Despite inconsistencies identified in past court rulings regarding these obligations, courts remain bound by precedent set by a 1987 D.C. Circuit Court decision allowing agents to terminate relationships without facing penalties for unregistered activity.
Congressman Ben Cline represents Virginia’s Sixth Congressional District and has experience as an attorney, assistant prosecutor, and member of the Virginia House of Delegates.
