WASHINGTON, DC – Chairman Mike Gallagher (R-WI) and Ranking Member Raja Krishnamoorthi of the Select Committee on the Chinese Communist Party today introduced the Retroactive Foreign Agents Registration Act (RFARA) alongside Senator Chuck Grassley (R-IA) and Senator Gary Peters (D-MI), and Reps. Chip Roy (R-TX), Jamie Raskin (D-MD), Rob Wittman (R-VA), Seth Moulton (D-MA), Jim Banks (R-IN), Mikie Sherrill (D-NJ), Dusty Johnson (R-SD), Abigail Spanberger (D-VA), and Shontel Brown (D-OH).
In 2022, a DC district judge ruled that a suspected foreign agent could not be held liable for failing to register as a foreign agent because he stopped lobbying on behalf of the Chinese government before the lawsuit. Under this opinion, if DOJ sues an unregistered foreign agent to register, the unregistered agent could simply announce that he is ending the agent relationship, never register, and face no penalty.
“Congress needs to restore FARA to its original, critical function after the DC District Court’s absurd ruling last October defanged the statute. At a time when the PRC and other adversaries are using foreign agents to mount influence campaigns and wantonly perpetrate transnational repression in our country, as an absolute baseline, we need to enforce FARA’s intended transparency standards in order to counter the CCP’s malign designs," said Chairman Gallagher.
RFARA will ensure those acting as unregistered foreign agents will be unable to exploit judicial misreadings of FARA to avoid ever registering. This bill will clarify that individuals who have not registered their work as foreign agents have a continuing obligation to register even after ceasing to act on behalf of a foreign principal.
"FARA is one of our best tools to shine a light on CCP influence and the real harms it can have on our economy and national security. I’m eager to work with Chairman Gallagher and my bipartisan colleagues to introduce this bill and ensure that the American people have the transparency they deserve and the protections they need," said Ranking Member Krishnamoorthi.
“If an individual works to influence policy on behalf of foreign interests, there should be no loophole that allows them to avoid disclosing their efforts,” Senator Grassley said. “Foreign agents who fail to register during their service must come clean and wash the grease off their hands even after they’ve left the job. Our bill makes an important update to FARA to realign its original intent by ensuring all foreign agents show their work to the American people.”
“By closing this loophole, this bipartisan bill will increase transparency around foreign lobbying, prevent our adversaries from influencing U.S. policy in secret, and ensure the federal government is working in the best interest of taxpayers in Michigan and across the nation,” said Senator Peters.
“With our nation’s enemies, like China and Russia, laser focused on undermining us at every turn, the American people ought to know exactly who is lobbying on behalf of foreign governments or organizations. America's interests should always come first," said Rep. Roy.
“Our bipartisan Retroactive FARA Act makes crucial advancements for national security,” said Rep. Raskin. “Requiring people who lobby on behalf of foreign entities to register retroactively for their work will help federal law enforcement better identify and regulate the infiltration of our democratic institutions by paid foreign influence. I’m grateful to my House and Senate colleagues for their partnership on this urgent effort.”
“Americans deserve to know when individuals are working on behalf of a foreign principal, especially the Chinese Communist Party,” Rep. Wittman said. “I’m proud to support the Retroactive Foreign Agents Registration Act to protect and strengthen our government’s safeguards against those who might attempt to advance Beijing’s hostile agenda in the United States.”
“China, Russia, and other adversaries are working hard every day to influence our policy decisions and our political process. That’s why it’s so important to have an unequivocal requirement that anyone who has ever worked on behalf of a foreign government must register as a foreign agent. The American people deserve transparency in government and lobbying, and that’s exactly what this bill helps to achieve," said Rep. Moulton.
“In an era of strategic economic competition where our critical technology and institutions are targets for foreign actors, there must be a clear line between legal commercial activity and the illegal peddling of foreign influence. The Retroactive Foreign Agents Registration Act is essential legislation to make clear the rules for engaging in work on behalf of foreign entities," said Rep. Sherrill.
“Allowing former CCP foreign agents to remain unregistered is utter balderdash. The DOJ’s ability to enforce FARA, for foreign agents present and former, is necessary to protect our national security and transparency for America," said Rep. Johnson.
Click HERE for bill text.
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