Foreign Agents Registration Act of 1938
The Foreign Agents Registration Act (FARA) of 1938 was a pivotal legislative measure introduced by the U.S. government to address concerns regarding the influence of foreign propaganda, particularly from Nazi and fascist regimes, during a politically volatile period leading up to World War II. Originally known as the McCormack Act, named after its sponsor, Representative John W. McCormack, the legislation mandated that individuals and organizations acting on behalf of foreign entities disclose their affiliations and activities to the U.S. government. This transparency aimed to counteract the dissemination of unlabeled political propaganda through various mediums, including print and broadcasting, thus safeguarding American public opinion and political processes from external manipulation.
FARA required these agents to file public reports with the U.S. Department of State, ensuring accountability and oversight. While the act included exemptions for certain types of communication, such as commercial or academic materials, its primary focus was to limit access to potentially harmful political content. Over the years, FARA has undergone several amendments, notably in 1942 and 1966, and its administration was shifted from the Department of State to the Department of Justice. The act has evolved, with key terminology changes, reflecting ongoing efforts to adapt to the complexities of foreign influence in American affairs. Today, FARA remains a critical framework for regulating foreign representations and protecting the integrity of the U.S. political landscape.
Foreign Agents Registration Act of 1938
The Law Federal legislation to counter the growing influence of propaganda in the United States from communist, fascist, and Nazi governments
Date Enacted on June 8, 1938
Also known as McCormack Act of 1938; FARA
The act is a disclosure statute that requires persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal as well as their activities, receipts, and disbursements in support of those activities.
The Foreign Agents Registration Act (FARA) was the first legislative attempt by the U.S. government to counter the growing influence of propaganda from communist, fascist, and Nazi governments that circulated within the United States during the 1930’s. In response to German propaganda in the lead-up to World War II, the act originally required sources to be properly identified to the American public as an attempt to limit the influence of German agents in the United States. The legislation’s original title was the McCormack Act, in recognition of its primary sponsor, Democratic representative John W. McCormack of Massachusetts.
Section 4 of the act contains the provisions relating to the filing and labeling of political propaganda by persons required to register under the act. The original intent of these regulations applied to political propaganda disseminated by U.S. mail and to interstate or foreign commerce in the interests of the foreign principal. Individuals and organizations that disseminated propaganda or participated in related activities on behalf of another country had to file public reports with the U.S. Department of State. Although there were exemptions in the legislation on commercial, religious, scientific, artistic, and academic bases, the act was mainly used to prohibit unlabeled political propaganda—whether print, radio broadcasts, or telecasts—from coming into the United States or to limit access to political materials hostile to the United States.
Since 1938, the act has been amended several times, including a general revision in 1942 and major amendments in 1966. Administration of the act was the responsibility of the U.S. Department of State until it was transferred to the U.S. Department of Justice in June, 1942. The term “political propaganda” was deleted as a result of the Lobbying Disclosure Act of 1995 and was replaced by “informational materials.”
Impact
The Foreign Agents Registration Act of 1938 has been the foundation for the regulation of foreign representatives. Its purpose is to protect legislative and executive processes in the United States from covert foreign influence.
Bibliography
Foreign Agents Registration Act of 1938, as Amended, and the Rules and Regulations Prescribed by the Attorney General. Washington, D.C.: United States Department of Justice, 1986.
Luneburg, William V., and Thomas M. Susman. The Lobbying Manual: A Complete Guide to Federal Law Governing Lawyers and Lobbyists. 3d ed. Chicago: American Bar Association, 2005.
Smith, Grant F. America’s Defense Line: The Justice Department’s Battle to Register the Israel Lobby as Agents of a Foreign Government. Washington, D.C.: Institute for Research, Middle Eastern Policy, 2008.