Obama Joins Schumer and McCaskill to Call on Justice Department Watchdog to Probe Lax and Uneven Enforcement of Foreign Lobbying Law
Thursday, July 10, 2008
Printable FormatFOR IMMEDIATE RELEASE
CONTACT: Brian Fallon (Schumer), Adrianne Marsh (McCaskill), or Michael Ortiz (Obama)
DOJ Has Not Consistently Enforced Federal Law Requiring Disclosure of Foreign Influences on U.S. Policy
Democratic Senators Urge Inspector General to Examine DOJ Decision-Making Behind Enforcement of Lobbying Regulations
Senators Have Also Proposed Bill To Close Loophole Exempting Lobbyists For Foreign Corporations From Reporting Requirements
WASHINGTON, DC -- U.S. Senators Charles E. Schumer (D-NY), Claire McCaskill (D-MO), and Barack Obama (D-IL) today called on the internal watchdog at the U.S. Department of Justice (DOJ) to investigate the agency's spotty enforcement of the Foreign Agents Registration Act (FARA), a federal law requiring disclosure of all lobbying contacts made on behalf of foreign entities such as governments and political parties. The senators believe that there have been severe lapses in the enforcement of FARA, allowing certain foreign agents to operate without the sunlight of disclosure. Disclosure is important in order for the American public to know who is influencing U.S. policy from abroad, the senators said.
"Too many lobbyists are skirting the law and operating in the shadows, and in too many cases, the Justice Department is standing at the light switch, refusing to turn it on. We want answers," Schumer said. "The public has a right to know when our government is being lobbied by foreign interests and the Department of Justice has a responsibility to uphold and enforce the law in all circumstances."
"In a place where we need more transparency, not less, lapses in enforcement of lobbying disclosure laws should not be taken lightly," McCaskill said. "This is serious matter, and I expect the Inspector General to address it head on to assure the enforcers are truly enforcing the law."
"It is unacceptable that lobbyists can exploit loopholes to hide their lobbying contacts on behalf of foreign businesses and governments," said Senator Obama. "The American people have a right to know who these individuals are representing and which American officials they're lobbying. Abusing the law to hide access and special treatment is exactly the kind of Washington culture that I've been fighting against. I am proud to stand with Senators Schumer and McCaskill to close these loopholes, and I call on the Justice Department to immediately investigate this abuse of the law."
The intent of FARA, passed by Congress in 1938, was to bring transparency to the work of lobbyists representing foreign clients by requiring the lobbyists to register with the Department of Justice. But in recent months, multiple cases have surfaced where lobbyists acting as foreign agents have either registered with the DOJ late or not at all. Violations of the disclosure law that go unpunished can undermine U.S. policy and pose national security risks to the American people. Furthermore, any specter of uneven or lax enforcement can render a very important statute toothless.
Senators Schumer, McCaskill and Obama today asked the DOJ Inspector General for a report on the Department's enforcement record on FARA, including an analysis of all the considerations taken into account when the Department determines whether or how to enforce the law. The Senators have also called on the Inspector General to take appropriate steps within the Department to look at the causes of uneven or lax enforcement and provide the Attorney General with suggestions as to how to fix any enforcement problems immediately.
In June, Senators Schumer, McCaskill, and Obama unveiled legislation that would close two loopholes allowing U.S. lobbyists to influence government officials on behalf of foreign clients without having to disclose their activities. The Closing the Foreign Lobbying Loophole Act (S. 3123) would require all lobbyists representing foreign clients to register under FARA, even if they have already registered under Lobbying Disclosure Act (LDA). Under current law, lobbyists registered under LDA are exempt from also registering under the more rigorous FARA. The bill would also require that any lobbying contacts with U.S. officials on behalf of foreign clients be disclosed even when they occur outside of the United States. Currently, the law only covers contacts that occur "within the United States."
A copy of the Senators' letter to DOJ Inspector General Glenn Fine is below.
July 9, 2008
Mr. Glenn A. Fine
United States Department of Justice
950 Pennsylvania Avenue
Washington, D.C. 20530
Dear Mr. Fine,
It has come to our attention that there have been severe lapses in the enforcement of the Foreign Agents Registration Act (FARA). We would like to know more about the decision-making process behind FARA enforcement and whether or not enforcement has been uneven or lax over time.
As you are well aware, FARA was passed in 1938 and requires disclosure of all lobbying contacts made on behalf of foreign governments, individuals, political parties, and corporations. Disclosure is important in order for the American public to know who is influencing U.S. policy from abroad. Recently, we introduced the Closing the Foreign Lobbying Loophole Act (S. 3123) in order to close two loopholes in the law that allow certain foreign agents to operate without the sunlight of disclosure.
We believe that the requirements under FARA are clear and should be enforced in all circumstances. Violations of the disclosure law that go unpunished can undermine U.S. policy and pose national security risks to the American people. Furthermore, any specter of uneven or lax enforcement can render a very important statute toothless.
We know that you share our commitment to maintaining the public's trust in government. We believe that allowing individuals to break the law and operate in the dark on behalf of foreign entities will erode this trust we hold so dear. Therefore, we request an examination of the Department's enforcement record on FARA, including an analysis of all the considerations taken into account when the Department determines whether or how to enforce the law. We hope that you take appropriate steps within your Department to look into the causes of uneven or lax enforcement and provide the Attorney General or his appropriate subordinate with suggestions on how to fix any enforcement problems immediately. We also request that you transmit to us, and the appropriate congressional committees of jurisdiction, a report on your findings.
We look forward to hearing from you on this matter.
Charles E. Schumer
United States Senator
Claire McCaskill
United States Senator
Barack Obama
United States Senator