Representative Mike Gallagher (R-WI), Chairman of the House Select Committee on China, has introduced bipartisan legislation to bolster the Foreign Agents Registration Act (FARA). The Retroactive Foreign Agents Registration Act aims to close a loophole created by a recent court ruling that allows individuals who cease working for foreign interests to avoid registering their past activities.
The proposed legislation mandates retroactive registration, requiring individuals who previously acted as foreign agents but failed to register to disclose their past work. This measure seeks to enhance transparency and accountability by ensuring a comprehensive record of foreign influence operations within the United States.
The bill comes in response to a 2022 ruling by the U.S. District Court for the District of Columbia, which significantly hampered the Department of Justice's ability to enforce FARA. The ruling stated that individuals are no longer obligated to register as foreign agents once they cease working for a foreign entity, effectively allowing them to avoid disclosing their past involvement.
Gallagher stressed the importance of strengthening FARA in light of increasing foreign influence campaigns, particularly from China. He emphasized the need for transparency to counter these efforts and safeguard national security. The legislation enjoys broad bipartisan support, with cosponsors from both Republican and Democratic representatives, including Chip Roy, Rob Wittman, Jim Banks, Dusty Johnson, Abigail Spanberger, Jamie Raskin, Mikie Sherill, and Shontel Brown. A companion bill has also been introduced in the Senate with backing from Senators Chuck Grassley (R-IA) and Gary Peters (D-MI).
If enacted, the Retroactive Foreign Agents Registration Act would grant the Attorney General the authority to obtain court orders compelling retroactive registration for foreign agents. This measure seeks to ensure that individuals who have engaged in unregistered foreign agent activity are held accountable and their actions are brought to light.
