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States Introduce More “Baby” FARA Bills

By Robert Kelner & Alex Langton on April 30, 2024
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Over the past several weeks, legislatures in Arizona, California, Georgia, Oklahoma, and Tennessee have introduced bills that mirror the federal Foreign Agents Registration Act (“FARA”). There has been a trend in the states to enact so-called “baby FARA” laws that apply to foreign influenced political activity in the states, although until now those laws generally focused narrowly on regulation of political contributions. 

In this client alert, we summarize these recently introduced bills.

  • States Introduce More “Baby” FARA Bills
Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads…

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.

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Photo of Alex Langton Alex Langton

Alex Langton is an associate in Covington’s Election and Political Law Practice Group in the firm’s Washington, DC office. Her practice focuses on representing corporations, nonprofit organizations, public officials, and individuals in high-stakes matters involving legal, political, and reputational risk. She routinely counsels…

Alex Langton is an associate in Covington’s Election and Political Law Practice Group in the firm’s Washington, DC office. Her practice focuses on representing corporations, nonprofit organizations, public officials, and individuals in high-stakes matters involving legal, political, and reputational risk. She routinely counsels clients in matters arising from investigations and enforcement actions by the Department of Justice, the Federal Election Commission, congressional committees, and state regulatory authorities, as well as related internal investigations.

Alex advises clients on compliance with federal and state campaign finance, ethics, and lobbying laws, including sensitive matters arising from government transitions, political appointments, and engagements involving current or former public officials.

Alex has particular expertise in the Foreign Agents Registration Act (FARA) and is deeply involved in all aspects of FARA compliance and enforcement. She regularly interacts with the Department of Justice’s FARA Unit and advises clients on the design, implementation, and maintenance of sophisticated FARA compliance programs, including internal policies, tailored training programs, and registration and reporting obligations. She also represents clients in high-profile civil and criminal FARA enforcement matters, including internal investigations, retroactive registrations, and disputes with the government. Alex also regularly advises on compliance with federal gift rules and the federal Lobbying Disclosure Act (LDA), including the complex interplay between the LDA and FARA.

Alex is one of the few experts in the country on state, or “baby FARA,” laws and how they interact with the federal FARA statute.

She has been quoted in national publications regarding FARA, including Politico, Bloomberg, The National Law Journal, and Global News. She has also written and speaks often on FARA issues.

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  • Posted in:
    Government and Public Policy
  • Blog:
    Inside Political Law
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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