II 

115TH CONGRESS 

1ST SESSION S. 2039 

To amend the Foreign Agents Registration Act of 1938 to promote greater 

transparency in the registration of persons serving as the agents of 

foreign principals, to provide the Attorney General with greater authority 

to investigate alleged violations of such Act and bring criminal and 

civil actions against persons who commit such violations, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2017 

Mr. GRASSLEY introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To amend the Foreign Agents Registration Act of 1938 

to promote greater transparency in the registration of 

persons serving as the agents of foreign principals, to 

provide the Attorney General with greater authority to 

investigate alleged violations of such Act and bring criminal and civil actions against persons who commit such 

violations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Disclosing Foreign In3 fluence Act’’. 

4 SEC. 2. REPEALING EXEMPTION FROM REGISTRATION 

5 UNDER FOREIGN AGENTS REGISTRATION 

6 ACT OF 1938 FOR PERSONS FILING DISCLO7 SURE REPORTS UNDER LOBBYING DISCLO8 SURE ACT OF 1995. 

9 (a) REPEAL OF EXEMPTION.—Section 3 of the For10 eign Agents Registration Act of 1938 (22 U.S.C. 613) is 

11 amended by striking subsection (h). 

12 (b) TIMING OF FILING OF REGISTRATION STATE13 MENTS.—Section 2 of the Foreign Agents Registration 

14 Act of 1938 (22 U.S.C. 612) is amended— 

15 (1) in subsection (a), in the matter preceding 

16 paragraph (1), in the fourth sentence, by striking 

17 ‘‘The registration statement shall include’’ and in18 serting ‘‘Except as provided in subsection (h), the 

19 registration statement shall include’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(h) TIMING FOR FILING OF STATEMENTS BY PER22 SONS REGISTERED UNDER LOBBYING DISCLOSURE ACT

23 OF 1995.—In the case of an agent of a person described 

24 in section 1(b)(2) or an entity described in section 1(b)(3) 

25 who has registered under the Lobbying Disclosure Act of 

26 1995 (2 U.S.C. 1601 et seq.), after the agent files the 


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1 first registration required under subsection (a) in connec2 tion with the agent’s representation of such person or enti3 ty, the agent shall file all subsequent statements required 

4 under this section at the same time, and in the same fre5 quency, as the reports filed with the Clerk of the House 

6 of Representatives or the Secretary of the Senate (as the 

7 case may be) under section 5 of the Lobbying Disclosure 

8 Act of 1995 (2 U.S.C. 1604) in connection with the 

9 agent’s representation of such person or entity.’’. 

10 SEC. 3. PROMOTING ENFORCEMENT OF REGISTRATION RE11 QUIREMENTS FOR FOREIGN AGENTS BY AU12 THORIZING ATTORNEY GENERAL TO ISSUE 

13 CIVIL INVESTIGATIVE DEMANDS. 

14 The Foreign Agents Registration Act of 1938 (22 

15 U.S.C. 611 et seq.) is amended by adding at the end the 

16 following: 

17 ‘‘SEC. 12. CIVIL INVESTIGATIVE DEMANDS. 

18 ‘‘(a) AUTHORITY OF ATTORNEY GENERAL.— 

19 ‘‘(1) AUTHORITY DESCRIBED.—Whenever the 

20 Attorney General or the Attorney General’s designee 

21 has reason to believe that any person may be in pos22 session, custody, or control of any documentary ma23 terial, or may have any information, relevant to an 

24 investigation under this Act, the Attorney General or 

25 designee may, prior to the institution of a civil or 


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1 criminal proceeding by the United States thereon, 

2 issue in writing, and cause to be served upon such 

3 person, a civil investigative demand requiring such 

4 person to produce such documentary material for in5 spection and copying or reproduction, to answer in 

6 writing written interrogatories with respect to such 

7 documentary material or information, to give oral 

8 testimony concerning such documentary material or 

9 information, or to furnish any combination of such 

10 material, answers, or testimony. Whenever a civil in11 vestigative demand is an express demand for any 

12 product of discovery, the Attorney General or des13 ignee shall cause to be served, in any manner au14 thorized by this section, a copy of such demand upon 

15 the person from whom the discovery was obtained 

16 and notify the person to whom such demand is 

17 issued of the date on which such copy was served. 

18 ‘‘(2) LIMITING INDIVIDUALS WHO MAY SERVE

19 AS DESIGNEES.—The Attorney General may not des20 ignate any individual other than the Assistant Attor21 ney General for National Security or a Deputy At22 torney General to carry out the authority provided 

23 under this section. 

24 ‘‘(b) CONTENTS AND DEADLINES.— 


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1 ‘‘(1) IN GENERAL.—Each demand issued under 

2 subsection (a) shall— 

3 ‘‘(A) state the nature of the conduct con4 stituting the alleged violation of this Act which 

5 is under investigation and the provision of this 

6 Act alleged to be violated; 

7 ‘‘(B) if such demand is for the production 

8 of documentary material— 

9 ‘‘(i) describe each class of documen10 tary material to be produced with such 

11 definiteness and certainty as to permit 

12 such material to be fairly identified; 

13 ‘‘(ii) prescribe a return date for each 

14 such class which will provide a reasonable 

15 period of time within which the material so 

16 demanded may be assembled and made 

17 available for inspection and copying or re18 production; and 

19 ‘‘(iii) identify the custodian to whom 

20 such material shall be made available; 

21 ‘‘(C) if such demand is for answers to writ22 ten interrogatories— 

23 ‘‘(i) set forth with specificity the writ24 ten interrogatories to be answered; 


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1 ‘‘(ii) prescribe dates at which time an2 swers to written interrogatories shall be 

3 submitted; and 

4 ‘‘(iii) identify the custodian to whom 

5 such answers shall be submitted; and 

6 ‘‘(D) if such demand is for the giving of 

7 oral testimony— 

8 ‘‘(i) prescribe a date, time, and place 

9 at which oral testimony shall be com10 menced; 

11 ‘‘(ii) identify an investigator who shall 

12 conduct the examination and the custodian 

13 to whom the transcript of such examina14 tion shall be submitted; 

15 ‘‘(iii) specify that such attendance and 

16 testimony are necessary to the conduct of 

17 the investigation; 

18 ‘‘(iv) notify the person receiving the 

19 demand of the right to be accompanied by 

20 an attorney and any other representative; 

21 and 

22 ‘‘(v) describe the general purpose for 

23 which the demand is being issued and the 

24 general nature of the testimony, including 


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1 the primary areas of inquiry, which will be 

2 taken pursuant to the demand. 

3 ‘‘(2) PRODUCT OF DISCOVERY.—Any civil inves4 tigative demand issued under this section which is 

5 an express demand for any product of discovery 

6 shall not be returned or returnable until 20 days 

7 after a copy of such demand has been served upon 

8 the person from whom the discovery was obtained. 

9 ‘‘(3) DATE.—The date prescribed for the com10 mencement of oral testimony pursuant to a civil in11 vestigative demand issued under subsection (a) shall 

12 be a date which is not less than 7 days after the 

13 date on which demand is received, unless the Attor14 ney General or the Attorney General’s designee de15 termines that exceptional circumstances are present 

16 which warrant the commencement of such testimony 

17 within a lesser period of time. 

18 ‘‘(4) NOTIFICATION.—The Attorney General 

19 shall not authorize the issuance under this section of 

20 more than one civil investigative demand for oral 

21 testimony by the same person unless the person re22 quests otherwise or unless the Attorney General, 

23 after investigation, notifies that person in writing 

24 that an additional demand for oral testimony is nec25 essary. 


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1 ‘‘(c) PROTECTED MATERIAL OR INFORMATION.— 

2 ‘‘(1) IN GENERAL.—A civil investigative de3 mand issued under subsection (a) may not require 

4 the production of any documentary material, the 

5 submission of any answers to written interrogatories, 

6 or the giving of any oral testimony if such material, 

7 answers, or testimony would be protected from dis8 closure under— 

9 ‘‘(A) the standards applicable to subpoenas 

10 or subpoenas duces tecum issued by a court of 

11 the United States in aid of a grand jury inves12 tigation; or 

13 ‘‘(B) the standards applicable to discovery 

14 requests under the Federal Rules of Civil Pro15 cedure, to the extent that the application of 

16 such standards to any such demand is appro17 priate and consistent with the provisions and 

18 purposes of this Act. 

19 ‘‘(2) EFFECT ON OTHER ORDERS, RULES, AND

20 LAWS.—Any such demand which is an express de21 mand for any product of discovery supersedes any 

22 inconsistent order, rule, or provision of law (other 

23 than this Act) preventing or restraining disclosure of 

24 such product of discovery to any person. Disclosure 

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1 press demand does not constitute a waiver of any 

2 right or privilege, including without limitation any 

3 right or privilege which may be invoked to resist dis4 covery of trial preparation materials, to which the 

5 person making such disclosure may be entitled. 

6 ‘‘(d) SERVICE; JURISDICTION.— 

7 ‘‘(1) BY WHOM SERVED.—Any civil investiga8 tive demand issued under subsection (a) may be 

9 served by an appropriate investigator, or by a 

10 United States marshal or deputy marshal, at any 

11 place within the territorial jurisdiction of any court 

12 of the United States. 

13 ‘‘(2) SERVICE IN FOREIGN NATIONS.—Any such 

14 demand or petition filed under subsection (k) may 

15 be served upon any person who is not to be found 

16 within the territorial jurisdiction of any court of the 

17 United States, in such manner as the Federal Rules 

18 of Civil Procedure prescribe for service in a foreign 

19 country. To the extent that the courts of the United 

20 States can assert jurisdiction over any such person 

21 consistent with due process, the United States Dis22 trict Court for the District of Columbia shall have 

23 the same jurisdiction to take any action respecting 

24 compliance with this Act by any such person that 


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1 such court would have if such person were personally 

2 within the jurisdiction of such court. 

3 ‘‘(e) SERVICE UPON LEGAL ENTITIES AND NATURAL

4 PERSONS.— 

5 ‘‘(1) LEGAL ENTITIES.—Service of any civil in6 vestigative demand issued under subsection (a) or of 

7 any petition filed under subsection (k) may be made 

8 upon a partnership, corporation, association, or 

9 other legal entity by— 

10 ‘‘(A) delivering a duly executed copy of 

11 such demand or petition to any partner, execu12 tive officer, managing agent, or general agent 

13 of the partnership, corporation, association, or 

14 entity, or to any agent thereof authorized by 

15 appointment or by law to receive service of 

16 process on behalf of such partnership, corpora17 tion, association, or entity; 

18 ‘‘(B) delivering a duly executed copy of 

19 such demand or petition to the principal office 

20 or place of business of the partnership, corpora21 tion, association, or entity to be served; or 

22 ‘‘(C) depositing an executed copy of such 

23 demand or petition in the United States mails 

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1 ship, corporation, association, or entity at its 

2 principal office or place of business. 

3 ‘‘(2) NATURAL PERSONS.—Service of any such 

4 demand or petition may be made upon any natural 

5 person by— 

6 ‘‘(A) delivering a duly executed copy of 

7 such demand or petition to the person to be 

8 served; or 

9 ‘‘(B) depositing an executed copy of such 

10 demand or petition in the United States mails 

11 by registered or certified mail, with a return re12 ceipt requested, duly addressed to such person 

13 at the person’s residence or principal office or 

14 place of business. 

15 ‘‘(f) PROOF OF SERVICE.—A verified return by the 

16 individual serving any civil investigative demand under 

17 subsection (a) or any petition filed under subsection (k) 

18 setting forth the manner of such service shall be proof of 

19 such service. In the case of service by registered or cer20 tified mail, such return shall be accompanied by the return 

21 post office receipt of delivery of such demand. 

22 ‘‘(g) DOCUMENTARY MATERIAL.— 

23 ‘‘(1) SWORN CERTIFICATES.—The production of 

24 documentary material in response to a civil inves25 tigative demand served pursuant to this section shall 


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1 be made under a sworn certificate, in such form as 

2 the demand designates, by— 

3 ‘‘(A) in the case of a natural person, the 

4 person to whom the demand is directed; or 

5 ‘‘(B) in the case of a person other than a 

6 natural person, a person having knowledge of 

7 the facts and circumstances relating to such 

8 production and authorized to act on behalf of 

9 such person, 

10 to the effect that all of the documentary material re11 quired by the demand and in the possession, cus12 tody, or control of the person to whom the demand 

13 is directed has been produced and made available to 

14 the custodian. 

15 ‘‘(2) PRODUCTION OF MATERIALS.—Any person 

16 upon whom any civil investigative demand for the 

17 production of documentary material has been served 

18 under this section shall make such material available 

19 for inspection and copying to the investigator identi20 fied in such demand at the principal place of busi21 ness of such person, or at such other place as the 

22 investigator and the person thereafter may agree 

23 and prescribe in writing, or as the court may direct 

24 under subsection (k)(1). Such material shall be 

25 made so available on the return date specified in 


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1 such demand, or on such later date as the investi2 gator may prescribe in writing. Such person may, 

3 upon written agreement between the person and the 

4 investigator, substitute copies for originals of all or 

5 any part of such material. 

6 ‘‘(h) INTERROGATORIES.— 

7 ‘‘(1) ANSWERS.—Each interrogatory in a civil 

8 investigative demand served pursuant to this section 

9 shall be answered separately and fully in writing 

10 under oath, and it shall be submitted under a sworn 

11 certificate, in such form as the demand designates, 

12 by— 

13 ‘‘(A) in the case of a natural person, the 

14 person to whom the demand is directed; or 

15 ‘‘(B) in the case of a person other than a 

16 natural person, the person or persons respon17 sible for answering each interrogatory. 

18 ‘‘(2) CONTENTS OF CERTIFICATES.—The cer19 tificate submitted under paragraph (1) shall state 

20 that all information required by the demand and in 

21 the possession, custody, control, or knowledge of the 

22 person to whom the demand is directed has been 

23 submitted. To the extent that any information is not 

24 furnished, the information shall be identified and 


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1 reasons set forth with particularity regarding the 

2 reasons why the information was not furnished. 

3 ‘‘(3) OBJECTIONS.—If any interrogatory is ob4 jected to, the reasons for the objection shall be stat5 ed in the certificate instead of an answer. 

6 ‘‘(i) ORAL EXAMINATIONS.— 

7 ‘‘(1) PROCEDURES.—The examination of any 

8 person pursuant to a civil investigative demand for 

9 oral testimony served under this section shall be 

10 taken before an officer authorized to administer 

11 oaths and affirmations by the laws of the United 

12 States or of the place where the examination is held. 

13 The officer before whom the testimony is to be taken 

14 shall put the witness on oath or affirmation and 

15 shall personally, or by someone acting under the di16 rection of the officer and in the officer’s presence, 

17 record the testimony of the witness. The testimony 

18 shall be taken stenographically and transcribed. 

19 When the testimony is fully transcribed, the officer 

20 before whom the testimony is taken shall promptly 

21 transmit a copy of the transcript of the testimony to 

22 the custodian. This subsection shall not preclude the 

23 taking of testimony by any means authorized by, 

24 and in a manner consistent with, the Federal Rules 

25 of Civil Procedure. 


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1 ‘‘(2) PERSONS PRESENT.—The investigator 

2 conducting the examination shall exclude from the 

3 place where the examination is held all persons ex4 cept the person giving the testimony, the attorney 

5 for and any other representative of the person giving 

6 the testimony, the attorney for the Government, any 

7 person who may be agreed upon by the attorney for 

8 the Government and the person giving the testi9 mony, the officer before whom the testimony is to be 

10 taken, and any stenographer taking such testimony. 

11 ‘‘(3) WHERE TESTIMONY TAKEN.—The oral 

12 testimony of any person taken pursuant to a civil in13 vestigative demand served under this section shall be 

14 taken in the judicial district of the United States 

15 within which such person resides, is found, or trans16 acts business, or in such other place as may be 

17 agreed upon by the investigator conducting the ex18 amination and such person. 

19 ‘‘(4) TRANSCRIPT OF TESTIMONY.—When the 

20 testimony is fully transcribed, the investigator or the 

21 officer before whom the testimony is taken shall af22 ford the witness (who may be accompanied by coun23 sel) a reasonable opportunity to examine and read 

24 the transcript, unless such examination and reading 

25 are waived by the witness. Any changes in form or 


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1 substance which the witness desires to make shall be 

2 entered and identified upon the transcript by the of3 ficer or the investigator with a statement of the rea4 sons given by the witness for making such changes. 

5 The transcript shall then be signed by the witness, 

6 unless the witness in writing waives the signing, is 

7 ill, cannot be found, or refuses to sign. If the tran8 script is not signed by the witness within 30 days 

9 after being afforded a reasonable opportunity to ex10 amine it, the officer or the investigator shall sign it 

11 and state on the record the fact of the waiver, ill12 ness, absence of the witness, or the refusal to sign, 

13 together with the reason, if any, given therefor. 

14 ‘‘(5) CERTIFICATION AND DELIVERY TO CUSTO15 DIAN.—The officer before whom the testimony is 

16 taken shall certify on the transcript that the witness 

17 was duly sworn by the officer and that the transcript 

18 is a true record of the testimony given by the wit19 ness, and the officer or investigator shall promptly 

20 deliver it or send it by registered or certified mail to 

21 the custodian. 

22 ‘‘(6) FURNISHING OR INSPECTION OF TRAN23 SCRIPT BY WITNESS.—Upon payment of reasonable 

24 charges therefor, the investigator shall furnish a 

25 copy of the transcript to the witness only, except 


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1 that the Attorney General, or the Attorney General’s 

2 designee in accordance with this Act, may for good 

3 cause limit such witness to inspection of the official 

4 transcript of the witness’s testimony. 

5 ‘‘(7) CONDUCT OF ORAL TESTIMONY.— 

6 ‘‘(A) IN GENERAL.—Any person compelled 

7 to appear for oral testimony under a civil inves8 tigative demand issued under subsection (a) 

9 may be accompanied, represented, and advised 

10 by counsel. Counsel may advise such person, in 

11 confidence, with respect to any question asked 

12 of such person. Such person or counsel may ob13 ject on the record to any question, in whole or 

14 in part, and shall briefly state for the record 

15 the reason for the objection. An objection may 

16 be made, received, and entered upon the record 

17 when it is claimed that such person is entitled 

18 to refuse to answer the question on the grounds 

19 of any constitutional or other legal right or 

20 privilege, including the privilege against self-in21 crimination. Such person may not otherwise ob22 ject to or refuse to answer any question, and 

23 may not directly or through counsel otherwise 

24 interrupt the oral examination. If such person 

25 refuses to answer any question, a petition may 


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1 be filed in the district court of the United 

2 States under subsection (k)(1) for an order 

3 compelling such person to answer such ques4 tion. 

5 ‘‘(B) COMPELLED TESTIMONY.—If such 

6 person refuses to answer any question on the 

7 grounds of the privilege against self-incrimina8 tion, the testimony of such person may be com9 pelled in accordance with the provisions of part 

10 V of title 18, United States Code. 

11 ‘‘(8) WITNESS FEES AND ALLOWANCES.—Any 

12 person appearing for oral testimony under a civil in13 vestigative demand issued under subsection (a) shall 

14 be entitled to the same fees and allowances which 

15 are paid to witnesses in the district courts of the 

16 United States. 

17 ‘‘(j) CUSTODIANS OF DOCUMENTS, ANSWERS, AND

18 TRANSCRIPTS.— 

19 ‘‘(1) DESIGNATION.—The Attorney General, or 

20 designee in accordance with this Act, shall designate 

21 an investigator to serve as custodian of documentary 

22 material, answers to interrogatories, and transcripts 

23 of oral testimony received under this section, and 

24 shall designate such additional investigators as the 


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1 Attorney General determines from time to time to be 

2 necessary to serve as deputies of the custodian. 

3 ‘‘(2) RESPONSIBILITY FOR MATERIALS; DISCLO4 SURE.— 

5 ‘‘(A) IN GENERAL.—An investigator who 

6 receives any documentary material, answers to 

7 interrogatories, or transcripts of oral testimony 

8 under this section shall transmit them to the 

9 custodian. The custodian shall take physical 

10 possession of such material, answers, or tran11 scripts and shall be responsible for the use 

12 made of them and for the return of documen13 tary material under paragraph (4). 

14 ‘‘(B) PREPARATION.—The custodian may 

15 cause the preparation of such copies of such 

16 documentary material, answers to interrog17 atories, or transcripts of oral testimony as may 

18 be required for official use by any investigator, 

19 or other officer or employee of the Department 

20 of Justice. Such material, answers, and tran21 scripts may be used by any such authorized in22 vestigator or other officer or employee in con23 nection with the taking of oral testimony under 

24 this section. 


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1 ‘‘(C) NO EXAMINATION.—Except as other2 wise provided in this subsection, no documen3 tary material, answers to interrogatories, or 

4 transcripts of oral testimony, or copies thereof, 

5 while in the possession of the custodian, shall 

6 be available for examination by any individual 

7 other than an investigator or other officer or 

8 employee of the Department of Justice author9 ized under subparagraph (B). The prohibition 

10 in the preceding sentence on the availability of 

11 material, answers, or transcripts shall not apply 

12 if consent is given by the person who produced 

13 such material, answers, or transcripts, or, in 

14 the case of any product of discovery produced 

15 pursuant to an express demand for such mate16 rial, consent is given by the person from whom 

17 the discovery was obtained. Nothing in this sub18 paragraph is intended to prevent disclosure to 

19 the Congress, including any committee or sub20 committee of the Congress, or to any other 

21 agency of the United States for use by such 

22 agency in furtherance of its statutory respon23 sibilities. 

24 ‘‘(D) EXAMINATION BY CERTAIN PER25 SONS.—While in the possession of the custodian 


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1 and under such reasonable terms and conditions 

2 as the Attorney General shall prescribe— 

3 ‘‘(i) documentary material and an4 swers to interrogatories shall be available 

5 for examination by the person who pro6 duced such material or answers, or by a 

7 representative of that person authorized by 

8 that person to examine such material and 

9 answers; and 

10 ‘‘(ii) transcripts of oral testimony 

11 shall be available for examination by the 

12 person who produced such testimony, or by 

13 a representative of that person authorized 

14 by that person to examine such transcripts. 

15 ‘‘(3) USE OF MATERIAL, ANSWERS, OR TRAN16 SCRIPTS IN OTHER PROCEEDINGS.—Whenever any 

17 attorney of the Department of Justice has been des18 ignated to appear before any court, grand jury, or 

19 Federal agency in any case or proceeding, the custo20 dian of any documentary material, answers to inter21 rogatories, or transcripts of oral testimony received 

22 under this section may deliver to such attorney such 

23 material, answers, or transcripts for official use in 

24 connection with any such case or proceeding as such 

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1 pletion of any such case or proceeding, such attorney 

2 shall return to the custodian any such material, an3 swers, or transcripts so delivered which have not 

4 passed into the control of such court, grand jury, or 

5 agency through the introduction thereof into the 

6 record of such case or proceeding. 

7 ‘‘(4) CONDITIONS FOR RETURN OF MATE8 RIAL.—If any documentary material has been pro9 duced by any person in the course of any investiga10 tion pursuant to a civil investigative demand under 

11 this section, and— 

12 ‘‘(A) any case or proceeding before the 

13 court or grand jury arising out of such inves14 tigation, or any proceeding before any Federal 

15 agency involving such material, has been com16 pleted, or 

17 ‘‘(B) no case or proceeding in which such 

18 material may be used has been commenced 

19 within a reasonable time after completion of the 

20 examination and analysis of all documentary 

21 material and other information assembled in 

22 the course of such investigation, 

23 the custodian shall, upon written request of the per24 son who produced such material, return to such per25 son any such material (other than copies furnished 


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1 to the investigator under subsection (g)(2) or made 

2 for the Department of Justice under paragraph 

3 (2)(B)) which has not passed into the control of any 

4 court, grand jury, or agency through introduction 

5 into the record of such case or proceeding. 

6 ‘‘(5) APPOINTMENT OF SUCCESSOR

7 CUSTODIANS.— 

8 ‘‘(A) IN GENERAL.—In the event of the 

9 death, disability, or separation from service in 

10 the Department of Justice of the custodian of 

11 any documentary material, answers to interrog12 atories, or transcripts of oral testimony pro13 duced pursuant to a civil investigative demand 

14 under this section, or in the event of the official 

15 relief of such custodian from responsibility for 

16 the custody and control of such material, an17 swers, or transcripts, the Attorney General or 

18 the Attorney General’s designee in accordance 

19 with this Act shall promptly— 

20 ‘‘(i) designate another investigator to 

21 serve as custodian of such material, an22 swers, or transcripts; and 

23 ‘‘(ii) transmit in writing to the person 

24 who produced such material, answers, or 


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1 testimony notice of the identity and ad2 dress of the successor so designated. 

3 ‘‘(B) SUCCESSOR.—Any person who is des4 ignated to be a successor under this paragraph 

5 shall have, with regard to such material, an6 swers, or transcripts, the same duties and re7 sponsibilities as were imposed by this section 

8 upon that person’s predecessor in office, except 

9 that the successor shall not be held responsible 

10 for any default or dereliction which occurred be11 fore that designation. 

12 ‘‘(k) JUDICIAL PROCEEDINGS.— 

13 ‘‘(1) PETITION FOR ENFORCEMENT.—Whenever 

14 any person fails to comply with any civil investiga15 tive demand issued under subsection (a), or when16 ever satisfactory copying or reproduction of any ma17 terial requested in such demand cannot be done and 

18 such person refuses to surrender such material, the 

19 Attorney General may file, in the district court of 

20 the United States for any judicial district in which 

21 such person resides, is found, or transacts business, 

22 and serve upon such person a petition for an order 

23 of such court for the enforcement of the civil inves24 tigative demand. 


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1 ‘‘(2) PETITION TO MODIFY OR SET ASIDE DE2 MAND.— 

3 ‘‘(A) IN GENERAL.—Any person who has 

4 received a civil investigative demand issued 

5 under subsection (a) may file, in the district 

6 court of the United States for the judicial dis7 trict within which such person resides, is found, 

8 or transacts business, and serve upon the inves9 tigator identified in such demand a petition for 

10 an order of the court to modify or set aside 

11 such demand. In the case of a petition ad12 dressed to an express demand for any product 

13 of discovery, a petition to modify or set aside 

14 such demand may be brought only in the dis15 trict court of the United States for the judicial 

16 district in which the proceeding in which such 

17 discovery was obtained is or was last pending. 

18 Any petition under this subparagraph must be 

19 filed— 

20 ‘‘(i) within 20 days after the date of 

21 service of the civil investigative demand, or 

22 at any time before the return date speci23 fied in the demand, whichever date is ear24 lier, or 


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1 ‘‘(ii) within such longer period as may 

2 be prescribed in writing by any investigator 

3 identified in the demand. 

4 ‘‘(B) GROUNDS FOR RELIEF.—The petition 

5 shall specify each ground upon which the peti6 tioner relies in seeking relief under subpara7 graph (A), and may be based upon any failure 

8 of the demand to comply with the provisions of 

9 this section or upon any constitutional or other 

10 legal right or privilege of such person. During 

11 the pendency of the petition in the court, the 

12 court may stay, as it deems proper, the running 

13 of the time allowed for compliance with the de14 mand, in whole or in part, except that the per15 son filing the petition shall comply with any 

16 portions of the demand not sought to be modi17 fied or set aside. 

18 ‘‘(3) PETITION TO MODIFY OR SET ASIDE DE19 MAND FOR PRODUCT OF DISCOVERY.— 

20 ‘‘(A) IN GENERAL.—In the case of any 

21 civil investigative demand issued under sub22 section (a) which is an express demand for any 

23 product of discovery, the person from whom 

24 such discovery was obtained may file, in the dis25 trict court of the United States for the judicial 


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1 district in which the proceeding in which such 

2 discovery was obtained is or was last pending, 

3 and serve upon any investigator identified in 

4 the demand and upon the recipient of the de5 mand, a petition for an order of such court to 

6 modify or set aside those portions of the de7 mand requiring production of any such product 

8 of discovery. Any petition under this subpara9 graph must be filed— 

10 ‘‘(i) within 20 days after the date of 

11 service of the civil investigative demand, or 

12 at any time before the return date speci13 fied in the demand, whichever date is ear14 lier, or 

15 ‘‘(ii) within such longer period as may 

16 be prescribed in writing by any investigator 

17 identified in the demand. 

18 ‘‘(B) GROUNDS FOR RELIEF.—The petition 

19 shall specify each ground upon which the peti20 tioner relies in seeking relief under subpara21 graph (A), and may be based upon any failure 

22 of the portions of the demand from which relief 

23 is sought to comply with the provisions of this 

24 section, or upon any constitutional or other 

25 legal right or privilege of the petitioner. During 


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1 the pendency of the petition, the court may 

2 stay, as it deems proper, compliance with the 

3 demand and the running of the time allowed for 

4 compliance with the demand. 

5 ‘‘(4) PETITION TO REQUIRE PERFORMANCE BY

6 CUSTODIAN OF DUTIES.—At any time during which 

7 any custodian is in custody or control of any docu8 mentary material or answers to interrogatories pro9 duced, or transcripts of oral testimony given, by any 

10 person in compliance with any civil investigative de11 mand issued under subsection (a), such person, and 

12 in the case of an express demand for any product of 

13 discovery, the person from whom such discovery was 

14 obtained, may file, in the district court of the United 

15 States for the judicial district within which the office 

16 of such custodian is situated, and serve upon such 

17 custodian, a petition for an order of such court to 

18 require the performance by the custodian of any 

19 duty imposed upon the custodian by this section. 

20 ‘‘(5) JURISDICTION.—Whenever any petition is 

21 filed in any district court of the United States under 

22 this subsection, such court shall have jurisdiction to 

23 hear and determine the matter so presented, and to 

24 enter such order or orders as may be required to 

25 carry out the provisions of this section. Any final 


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1 order so entered shall be subject to appeal under 

2 section 1291 of title 28, United States Code. Any 

3 disobedience of any final order entered under this 

4 section by any court shall be punished as a contempt 

5 of the court. 

6 ‘‘(6) APPLICABILITY OF FEDERAL RULES OF

7 CIVIL PROCEDURE.—The Federal Rules of Civil Pro8 cedure shall apply to any petition under this sub9 section, to the extent that such rules are not incon10 sistent with the provisions of this section. 

11 ‘‘(l) DISCLOSURE EXEMPTION.—Any documentary 

12 material, answers to written interrogatories, or oral testi13 mony provided under any civil investigative demand issued 

14 under subsection (a) shall be exempt from disclosure 

15 under section 552 of title 5, United States Code, as de16 scribed in subsection (b)(3) of such section. 

17 ‘‘(m) DEFINITIONS.—In this section— 

18 ‘‘(1) the term ‘custodian’ means the custodian, 

19 or any deputy custodian, designated by the Attorney 

20 General under subsection (j)(1); 

21 ‘‘(2) the term ‘documentary material’ includes 

22 the original or any copy of any book, record, report, 

23 memorandum, paper, communication, tabulation, 

24 chart, or other document, or data compilations 

25 stored in or accessible through computer or other inVerDate Sep 11 2014 00:01 Nov 01, 2017 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2039.IS S2039

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1 formation retrieval systems, together with instruc2 tions and all other materials necessary to use or in3 terpret such data compilations, and any product of 

4 discovery; 

5 ‘‘(3) the term ‘investigation’ means any inquiry 

6 conducted for the purpose of ascertaining whether 

7 any person is or has been engaged in any violation 

8 of this Act; 

9 ‘‘(4) the term ‘investigator’ means any attorney 

10 or investigator employed by the Department of Jus11 tice who is charged with the duty of enforcing or 

12 carrying into effect this Act, or any officer or em13 ployee of the United States acting under the direc14 tion and supervision of such attorney or investigator 

15 in connection with an investigation; 

16 ‘‘(5) the term ‘official use’ means any use that 

17 is consistent with the law, and the regulations and 

18 policies of the Department of Justice, including use 

19 in connection with internal Department of Justice 

20 memoranda and reports; communications between 

21 the Department of Justice and a Federal, State, or 

22 local government agency, or a contractor of a Fed23 eral, State, or local government agency, undertaken 

24 in furtherance of a Department of Justice investiga25 tion or prosecution of a case; oral examinations; 


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1 depositions; preparation for and response to civil dis2 covery requests; introduction into the record of a 

3 case or proceeding; applications, motions, memo4 randa and briefs submitted to a court or other tri5 bunal; and communications with Government inves6 tigators, auditors, consultants and experts, the coun7 sel of other parties, arbitrators and mediators, con8 cerning an investigation, case or proceeding; and 

9 ‘‘(6) the term ‘product of discovery’ includes— 

10 ‘‘(A) the original or duplicate of any depo11 sition, interrogatory, document, thing, result of 

12 the inspection of land or other property, exam13 ination, or admission, which is obtained by any 

14 method of discovery in any judicial or adminis15 trative proceeding of an adversarial nature; 

16 ‘‘(B) any digest, analysis, selection, com17 pilation, or derivation of any item listed in sub18 paragraph (A); and 

19 ‘‘(C) any index or other manner of access 

20 to any item listed in subparagraph (A). 

21 ‘‘(n) SUNSET.—The authority of the Attorney Gen22 eral to issue a civil investigative demand under this section 

23 shall expire upon the expiration of the 5-year period which 

24 begins on the date of the enactment of this section.’’. 


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1 SEC. 4. COMPREHENSIVE STRATEGY TO IMPROVE EN2 FORCEMENT AND ADMINISTRATION. 

3 (a) DEVELOPMENT OF STRATEGY.—The Attorney 

4 General shall develop and implement a comprehensive 

5 strategy to improve the enforcement and administration 

6 of the Foreign Agents Registration Act of 1938 (22 

7 U.S.C. 611 et seq.) that addresses the following issues: 

8 (1) The coordination and integration of the 

9 work of the agencies that perform investigations of 

10 alleged violations of the Act and bring actions (in11 cluding criminal prosecutions) to enforce the Act 

12 with the overall national security efforts of the De13 partment of Justice. 

14 (2) An assessment of the appropriateness of the 

15 exemptions provided under the Act that permit per16 sons who represent the interests of foreign principals 

17 to avoid registering under the Act. 

18 (3) A formal cost-benefit analysis of the appro19 priateness of the fee structure under the Act. 

20 (4) An assessment of the value of making advi21 sory opinions under the Act available in whole as an 

22 informational resource. 

23 (b) REVIEW BY INSPECTOR GENERAL; REPORTS TO

24 CONGRESS.— 


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1 (1) REVIEW.—The Inspector General of the De2 partment of Justice shall carry out a regular, ongo3 ing review of— 

4 (A) the extent to which the Attorney Gen5 eral has developed and implemented the com6 prehensive strategy described in subsection (a); 

7 and 

8 (B) the usage, effectiveness, and any po9 tential abuse of the authority granted to the At10 torney General by this Act to issue civil inves11 tigative demands. 

12 (2) REPORTS TO CONGRESS.—The Inspector 

13 General of the Department of Justice shall submit 

14 a report to the appropriate committees of Congress 

15 on the results of the review carried out under para16 graph (1) not later than 1 year after the date of en17 actment of this Act and annually thereafter. 

18 SEC. 5. ANALYSIS BY GOVERNMENT ACCOUNTABILITY OF19 FICE. 

20 Not later than 3 years after the date of enactment 

21 of this Act, the Comptroller General of the United States 

22 shall— 

23 (1) carry out an analysis of the effectiveness of 

24 the enforcement and administration of the Foreign 

25 Agents Registration Act of 1938 (22 U.S.C. 611 et 


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1 seq.), including the extent to which the amendments 

2 made by this Act have improved the enforcement 

3 and administration of such Act, and taking into ac4 count the comprehensive strategy developed and im5 plemented under section 4; and 

6 (2) submit the analysis to the Attorney General, 

7 the Inspector General of the Department of Justice, 

8 and the appropriate committees of Congress. 

9 SEC. 6. DEFINITION. 

10 In this Act, the term ‘‘appropriate committees of 

11 Congress’’ means— 

12 (1) the Committees on the Judiciary and For13 eign Relations of the Senate; and 

14 (2) the Committee on the Judiciary of the 

15 House of Representatives. 

16 SEC. 7. EFFECTIVE DATE. 

17 The amendments made by this Act shall take effect 

18 180 days after the date of the enactment of this Act. 

Æ 


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