Press Releases

Today, Congressman Ben Cline (R-VA) introduced the Foreign Agents Transparency Act, joined by 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).

In a 2022 ruling, a D.C. district judge determined that a suspected foreign agent could not be held liable for not registering as a foreign agent since he had ceased lobbying for the Chinese government prior to the lawsuit being filed. This ruling sets a troubling precedent: if the DOJ takes legal action against an unregistered foreign agent, that agent could merely declare the end of their relationship and avoid registration altogether, facing no penalties for their actions.

This bill ensures that individuals no longer acting as foreign agents are required to register retroactively for their work as foreign agents.

“Congress must take decisive action to restore FARA to its original and critical purpose following the misguided ruling that weakened this statute,” Rep. Cline said. “We cannot afford to stand idly by while the Chinese Communist Party and other adversaries exploit foreign agents to undermine our nation at every turn. This bill is essential because it mandates that anyone working on behalf of a foreign government must register as a foreign agent. We must uphold FARA’s transparency requirements to safeguard America and protect our national security.” 

"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,” Chairman Moolenaar said. “The bipartisan Foreign Agents Transparency Act is a targeted measure to ensure that foreign agents cannot skirt disclosure requirements in law.”

“Foreign influence campaigns have no place operating in the shadows of our democracy,” Ranking Member Krishnamoorthi said. “I’m proud to co-lead the bipartisan Foreign Agents Transparency Act to close loopholes that let unregistered foreign agents evade accountability and deny the American people essential transparency. This bill will ensure more comprehensive disclosure of foreign influence to better protect our national security and democratic institutions.”

“Foreign agents have exploited loopholes to avoid registering with our government, undermining transparency and enabling foreign adversaries like China to influence U.S. policy and security without oversight,” Rep. Johnson said. “The Foreign Agents Transparency Act will close these gaps by strengthening reporting requirements, ensuring foreign agents can no longer deceive our government.”

“I’m proud to join my Virginia delegation colleague Rep. Cline and my colleagues on the Select Committee in reintroducing the Foreign Agents Transparency Act, which closes a dangerous loophole that adversaries like the Chinese Communist Party are eager to exploit,” Congressman Rob Wittman said. “Americans deserve to know when foreign governments are working to influence our institutions. This bill restores accountability to the Foreign Agents Registration Act and ensures individuals can’t evade transparency by simply walking away from their foreign principals -- strengthening this is absolutely critical to defending our national security and protecting our democracy from covert foreign interference.”

Background: The Foreign Agents Registration Act (FARA) requires persons engaging in certain political, financial, or public-relations activities on behalf of a foreign principal to register with the Attorney General and to make periodic disclosures about the relationship with the foreign principal. The purpose of these disclosures is to "prevent covert influence over U.S. policy by foreign principals.”

Section 612 of FARA states that “termination of [foreign agent] status shall not relieve such agent from his obligation to file a registration statement for the period during which he was an agent of a foreign principal” (emphasis added). In 1987, the D.C. Circuit Court held that an agent’s obligation to file “expires when the agent ceases activities on behalf of the foreign principal.” This reading of the statute is textually strained and wrongly interprets congressional intent. In other words, agents should have an ongoing obligation to register their conduct that covers the period for which they were foreign agents. Under current precedent, an agent may simply terminate the relationship to avoid registration and will face no penalties for failing to register while actively representing the foreign principal. Despite the glaring inconsistencies of the D.C. Circuit’s 1987 ruling, courts are still bound by it today. 

Read more in Breitbart HERE and the full bill text HERE. 

Congressman Ben Cline represents the Sixth Congressional District of Virginia. He previously was an attorney in private practice and served both as an assistant prosecutor and Member of the Virginia House of Delegates. Cline and his wife, Elizabeth, live in Botetourt County with their two children.

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