Foreign Agents Bill Tightens Enforcement, Extends DOJ's Reach Past Termination, and Mandates Annual Public Reports

The aptly named Foreign Agents Transparency Act is looking to put some serious teeth into the existing Foreign Agents Registration Act of 1938 (FARA). This isn’t just bureaucratic housekeeping; it’s a significant tightening of the rules for anyone—consultants, lobbyists, PR firms—working on behalf of a foreign government or entity. If you or your company deals with international clients, this bill is clarifying where the lines are drawn and extending the government’s ability to enforce them.

The Five-Year Rule Gets a Hard Deadline

First up is clarity on the registration timeline (SEC. 2). FARA requires people acting as agents for foreign principals to register. The law previously looked back five years to determine if registration was necessary, but the language was a bit fuzzy on the exact start and end points. This bill clears that up: if you acted as an agent anytime in the five years leading up to the bill’s enactment, or any time after, you are squarely under the registration requirement. Think of it like this: the government is making sure the clock on your registration obligations doesn't stop ticking just because the law is changing. For anyone who’s had a foreign client in the recent past, this means the rules are now crystal clear, and the obligation to register is locked in.

Compliance Orders That Never Expire

This is where things get interesting, and potentially contentious (SEC. 3). Currently, if the Attorney General (AG) wants a court order forcing someone to comply with FARA reporting rules, that order is usually tied to the person currently working as an agent. This bill changes that completely. The AG can now seek a court order that demands compliance even after the individual has stopped working for the foreign principal.

Imagine a consultant who registered for a year, filed their required reports, and then ended the contract. Under current law, the AG might have a harder time getting a court order for a missing report from six months ago if the consultant is no longer an agent. Under this new rule, the AG can get an order demanding that consultant file that missing report, or any other requirement, indefinitely, even years after the relationship ended. This applies retroactively to anyone who acted as an agent in the five years leading up to the law's passage. This provision significantly extends the Department of Justice’s reach, allowing them to pursue compliance long after the agency relationship is over, which could feel like a regulatory shadow hanging over former agents.

Annual Reports Shine a Light on Enforcement

Finally, the bill introduces a major new transparency measure (SEC. 4). The Attorney General will now be required to issue an annual report detailing all FARA enforcement actions taken. This report must be sent to key Congressional committees (Judiciary and Foreign Relations) and must be provided in a machine-readable format—a win for digital transparency.

Crucially, this report must break down every “covered action” (enforcement step) and list three things: the name of the “covered individual” targeted, the rationale for taking the enforcement action, and the current status of the case (ongoing, settled, or closed). This is a big deal for oversight. For the first time, Congress and the public will get a detailed, annual look at who the DOJ is targeting under FARA and why. While this increases government accountability, it also means that if you're targeted by a FARA enforcement action, your name, the reason, and the outcome will be part of a public, annual report sent directly to Congress.