Today, Congress announced the final version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024.  The NDAA is an annual bill that contains important provisions related to the Department of Defense and international security, among other things.  An earlier version of the bill contained two key provisions related to the Foreign Agents Registration Act (“FARA”): The Lobbying Disclosure Improvement Act and Disclosing Foreign Influence in Lobbying Act, both of which had passed in the Senate earlier this year. The final NDAA bill released today, however, does not contain these provisions.  It is not clear why these provisions were removed.  Press reports indicate that the bill’s managers were stripping provisions over which there were disagreements between the chambers in an effort to get the annual bill passed before the holidays.  The lack of a House-passed companion provision therefore could have been fatal to the Senate’s FARA-related provisions.

More substantively, although there is bipartisan support for the regulation of foreign agents, legislators appear to be divided regarding the best approach for reform.  Senator Bob Menendez (D – N.J.), who was indicted on federal bribery charges earlier this year, has reportedly objected to reform of laws regulating foreign lobbying and has blocked similar legislation in the past.  On the other hand, Senator Grassley (R – Iowa) and others have engaged with the Department of Justice to develop comprehensive reform bills. At the recent American Conference Institute’s 5th National Forum on FARA, Department of Justice officials signaled that the Department continues to seek legislative reform to FARA.  Accordingly, Congress may take up more comprehensive legislation that addresses the Department’s legislative priorities at a later date.  Covington will continue to monitor and report on FARA legislation.

Photo of Brian D. Smith Brian D. Smith

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public…

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Brian develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.

Prior to joining Covington, Brian served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.

Brian is a Professorial Lecturer in Law at the George Washington University Law School.

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Photo of Alex Langton Alex Langton

Alexandra 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…

Alexandra 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.

In addition to her investigations practice, Alexandra advises clients on compliance with federal and state campaign finance, ethics, and lobbying laws, including sensitive matters. Her work frequently involves advising on the application of federal ethics rules arising in connection with government transitions, appointments, and engagements involving current or former public officials. She also represents clients in state-level campaign finance enforcement matters and compliance reviews.

Alexandra 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. Alexandra also regularly advises on compliance with the federal Lobbying Disclosure Act (LDA) and related reporting regimes, including the complex interplay between the LDA and FARA.

Her experience also includes advising current and former government officials in connection with federal investigations and related litigation, drawing on a detailed understanding of investigative processes and the unique sensitivities presented by matters involving senior public service roles.

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