Foreign Agents Disclosure and Registration Enhancement Act of 2023
Impact
The bill introduces substantial amendments to existing FARA provisions, which include increased penalties for non-compliance with registration and disclosure requirements. Notably, fines for failing to register or for submitting incomplete filings have been raised, with violations leading to potential fines up to $200,000. This change is aimed at deterring non-compliance and enhancing accountability among foreign agents operating in the U.S. It also mandates the creation of a comprehensive strategy for enforcing FARA, thereby improving oversight and proactive public accessibility to advisory opinions.
Summary
SB1364, known as the Foreign Agents Disclosure and Registration Enhancement Act of 2023, aims to amend the Foreign Agents Registration Act (FARA) of 1938. Its primary objective is to provide the Attorney General with greater authority to enforce disclosure requirements for agents representing foreign principals. The bill allows the Attorney General to issue civil investigative demands, which can compel individuals to provide documentary materials or testify regarding their foreign affiliations, significantly enhancing the government's capability to monitor and regulate foreign influence in domestic affairs.
Contention
While proponents argue that SB1364 will strengthen national security by ensuring greater transparency in foreign lobbying activities, critics express concerns about potential overreach. Opponents worry that the expanded powers granted to the Attorney General could lead to excessive regulation and oversight of legitimate foreign engagement, which may disproportionately affect advocacy and lobbying efforts by foreign entities. Additionally, the implications for individuals' civil liberties regarding the demand for testimony or documentation without appropriate checks have raised alarms among civil rights advocates.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands; and establishing the Fraud Prevention and Recovery Account.