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   Congressional                                                        _______
   Research Service
               informing the leg vlatlve debate s nce 1914





House Judiciary to Mark Up H.R. 4170, the

Disclosing Foreign Influence Act



Cynthia Brown
Legislative Attorney

January 16, 2018
The House Judiciary Committee has announced that it will hold a full committee markup hearing on
Wednesday, January 17 for H.R. 4170, the Disclosing Foreign Influence Act (DFIA). The bill, which has
a companion measure in the Senate (S. 2039), would amend the Foreign Agents Registration Act of 1938
(FARA). Congress originally enacted FARA in 1938 to promote transparency with respect to foreign
propaganda, but subsequent amendments have evolved its breadth and application to focus on
transparency of lobbying activities undertaken on behalf of a foreign client. However, in recent years,
internal investigations by the Department of Justice (which has the authority to enforce FARA),
congressional hearings, and media reports have highlighted the lack of enforcement of FARA's
requirements, leading to the introduction of proposals such as H.R. 4170. This posting discusses the
framework of the current provisions in effect under FARA and examines the proposed changes that have
been introduced under H.R. 4170/S. 2039, the Disclosing Foreign Influence Act (DFIA).

Current Statutory Requirements of the Foreign Agents Registration Act
As discussed in more detail in this report, FARA generally requires that agents of foreign principals
(1) register with the U.S. Department of Justice; (2) disclose materials that they distribute on behalf of
their foreign principal; and (3) maintain records of their activities on behalf of the foreign principal.
Under the statute, an agent of a foreign principal is an individual or entity that engages in political
activities, public relations or other similar representation on behalf of a foreign government, foreign
political party, foreign person, or foreign corporation.
   Registration: The primary mechanism of FARA's regulatory scheme is its requirement that agents of
   foreign principals register with the U.S. government by providing certain information and updating
   that information at six-month intervals. Registration requires the agent to provide personal
   identification information; descriptions of the agent's business; information about the terms and

                                                               Congressional Research Service
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