II 

116TH CONGRESS 

1ST SESSION S. 1762 

To amend the Foreign Agents Registration Act of 1938 to provide the 

Attorney General with greater authority to promote enforcement of disclosure requirements for agents of foreign principals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2019 

Mr. GRASSLEY (for himself, Mrs. FEINSTEIN, Mr. CORNYN, Mrs. SHAHEEN, 

Mr. RUBIO, and Mr. YOUNG) 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 provide the Attorney General with greater authority 

to promote enforcement of disclosure requirements for 

agents of foreign principals, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Agents Disclo5 sure and Registration Enhancement Act of 2019’’. 


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1 SEC. 2. AUTHORIZING THE ATTORNEY GENERAL TO ISSUE 

2 CIVIL INVESTIGATIVE DEMANDS TO PRO3 MOTE ENFORCEMENT OF DISCLOSURE RE4 QUIREMENTS FOR AGENTS OF FOREIGN 

5 PRINCIPALS. 

6 The Foreign Agents Registration Act of 1938 (22 

7 U.S.C. 611 et seq.) is amended— 

8 (1) by redesignating sections 9 through 14 as 

9 sections 10 through 15; and 

10 (2) by inserting after section 8 the following: 

11 ‘‘SEC. 9. CIVIL INVESTIGATIVE DEMANDS CONCERNING 

12 REGISTRATION OF AGENTS OF FOREIGN 

13 PRINCIPALS. 

14 ‘‘(a) AUTHORITY OF THE ATTORNEY GENERAL.— 

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

16 Attorney General or the Attorney General’s designee 

17 has reason to believe that any person may be in pos18 session, custody, or control of any documentary ma19 terial, or may have any information, relevant to an 

20 investigation under this Act, the Attorney General or 

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

22 criminal proceeding by the United States thereon, 

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

24 person, a civil investigative demand requiring such 

25 person to produce such documentary material for in26 spection and copying or reproduction, to answer in 


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1 writing written interrogatories with respect to such 

2 documentary material or information, to give oral 

3 testimony concerning such documentary material or 

4 information, or to furnish any combination of such 

5 material, answers, or testimony. Whenever a civil in6 vestigative demand is an express demand for any 

7 product of discovery, the Attorney General or des8 ignee shall cause to be served, in any manner au9 thorized by this section, a copy of such demand upon 

10 the person from whom the discovery was obtained 

11 and notify the person to whom such demand is 

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

13 ‘‘(2) LIMITING INDIVIDUALS WHO MAY SERVE

14 AS DESIGNEES.—The Attorney General may not des15 ignate any individual other than the Assistant Attor16 ney General for National Security or a Deputy At17 torney General to carry out the authority provided 

18 under this section. 

19 ‘‘(b) CONTENTS AND DEADLINES.— 

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

21 subsection (a) shall— 

22 ‘‘(A) state the nature of the conduct con23 stituting the alleged violation of this Act that is 

24 under investigation and the provision of this 

25 Act alleged to be violated; 


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

2 of documentary material— 

3 ‘‘(i) describe each class of documen4 tary material to be produced with such 

5 definiteness and certainty as to permit 

6 such material to be fairly identified; 

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

8 such class which will provide a reasonable 

9 period of time within which the material so 

10 demanded may be assembled and made 

11 available for inspection and copying or re12 production; and 

13 ‘‘(iii) identify the custodian to whom 

14 such material shall be made available; 

15 ‘‘(C) if such demand is for answers to writ16 ten interrogatories— 

17 ‘‘(i) set forth with specificity the writ18 ten interrogatories to be answered; 

19 ‘‘(ii) prescribe dates at which time an20 swers to written interrogatories shall be 

21 submitted; and 

22 ‘‘(iii) identify the custodian to whom 

23 such answers shall be submitted; and 

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

25 oral testimony— 


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

2 at which oral testimony shall be com3 menced; 

4 ‘‘(ii) identify an investigator who shall 

5 conduct the examination and the custodian 

6 to whom the transcript of such examina7 tion shall be submitted; 

8 ‘‘(iii) specify that such attendance and 

9 testimony are necessary to the conduct of 

10 the investigation; 

11 ‘‘(iv) notify the person receiving the 

12 demand of the right to be accompanied by 

13 an attorney and any other representative; 

14 and 

15 ‘‘(v) describe the general purpose for 

16 which the demand is being issued and the 

17 general nature of the testimony, including 

18 the primary areas of inquiry, which will be 

19 taken pursuant to the demand. 

20 ‘‘(2) PRODUCT OF DISCOVERY.—Any civil inves21 tigative demand issued under this section that is an 

22 express demand for any product of discovery shall 

23 not be returned or returnable until 20 days after a 

24 copy of such demand has been served upon the per25 son from whom the discovery was obtained. 


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1 ‘‘(3) DATE.—The date prescribed for the com2 mencement of oral testimony pursuant to a civil in3 vestigative demand issued under subsection (a) shall 

4 be a date that is not less than 7 days after the date 

5 on which demand is received, unless the Attorney 

6 General or the Attorney General’s designee deter7 mines that exceptional circumstances are present 

8 which warrant the commencement of such testimony 

9 within a lesser period of time. 

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

11 shall not authorize the issuance under this section of 

12 more than 1 civil investigative demand for oral testi13 mony by the same person unless the person requests 

14 otherwise or unless the Attorney General, after in15 vestigation, notifies that person in writing that an 

16 additional demand for oral testimony is necessary. 

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

18 ‘‘(1) IN GENERAL.—A civil investigative de19 mand issued under subsection (a) may not require 

20 the production of any documentary material, the 

21 submission of any answers to written interrogatories, 

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

23 answers, or testimony would be protected from dis24 closure under— 


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1 ‘‘(A) the standards applicable to subpoenas 

2 or subpoenas duces tecum issued by a court of 

3 the United States in aid of a grand jury inves4 tigation; or 

5 ‘‘(B) the standards applicable to discovery 

6 requests under the Federal Rules of Civil Pro7 cedure, to the extent that the application of 

8 such standards to any such demand is appro9 priate and consistent with the provisions and 

10 purposes of this Act. 

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

12 LAWS.—Any such demand that is an express de13 mand for any product of discovery supersedes any 

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

15 than this Act) preventing or restraining disclosure of 

16 such product of discovery to any person. Disclosure 

17 of any product of discovery pursuant to any such ex18 press demand does not constitute a waiver of any 

19 right or privilege, including without limitation any 

20 right or privilege which may be invoked to resist dis21 covery of trial preparation materials, to which the 

22 person making such disclosure may be entitled. 

23 ‘‘(d) SERVICE; JURISDICTION.— 

24 ‘‘(1) BY WHOM SERVED.—Any civil investiga25 tive demand issued under subsection (a) may be 


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1 served by an appropriate investigator, or by a 

2 United States marshal or deputy marshal, at any 

3 place within the territorial jurisdiction of any court 

4 of the United States. 

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

6 demand or petition filed under subsection (k) may 

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

8 within the territorial jurisdiction of any court of the 

9 United States, in such manner as the Federal Rules 

10 of Civil Procedure prescribe for service in a foreign 

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

12 States can assert jurisdiction over any such person 

13 consistent with due process, the United States Dis14 trict Court for the District of Columbia shall have 

15 the same jurisdiction to take any action respecting 

16 compliance with this Act by any such person that 

17 such court would have if such person were personally 

18 within the jurisdiction of such court. 

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

20 PERSONS.— 

21 ‘‘(1) LEGAL ENTITIES.—Service of any civil in22 vestigative demand issued under subsection (a) or of 

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

24 upon a partnership, corporation, association, or 

25 other legal entity by— 


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

2 such demand or petition to any partner, execu3 tive officer, managing agent, or general agent 

4 of the partnership, corporation, association, or 

5 entity, or to any agent thereof authorized by 

6 appointment or by law to receive service of 

7 process on behalf of such partnership, corpora8 tion, association, or entity; 

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

10 such demand or petition to the principal office 

11 or place of business of the partnership, corpora12 tion, association, or entity to be served; or 

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

14 demand or petition in the United States mails 

15 by registered or certified mail, with a return re16 ceipt requested, duly addressed to such partner17 ship, corporation, association, or entity at its 

18 principal office or place of business. 

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

20 demand or petition may be made upon any natural 

21 person by— 

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

23 such demand or petition to the person to be 

24 served; or 


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

2 demand or petition in the United States mails 

3 by registered or certified mail, with a return re4 ceipt requested, duly addressed to such person 

5 at the person’s residence or principal office or 

6 place of business. 

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

8 individual serving any civil investigative demand under 

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

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

11 such service. In the case of service by registered or cer12 tified mail, such return shall be accompanied by the return 

13 post office receipt of delivery of such demand. 

14 ‘‘(g) DOCUMENTARY MATERIAL.— 

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

16 documentary material in response to a civil inves17 tigative demand served pursuant to this section shall 

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

19 the demand designates, by— 

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

21 person to whom the demand is directed; or 

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

23 natural person, a person having knowledge of 

24 the facts and circumstances relating to such 


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1 production and authorized to act on behalf of 

2 such person, 

3 to the effect that all of the documentary material re4 quired by the demand and in the possession, cus5 tody, or control of the person to whom the demand 

6 is directed has been produced and made available to 

7 the custodian. 

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

9 upon whom any civil investigative demand for the 

10 production of documentary material has been served 

11 under this section shall make such material available 

12 for inspection and copying to the investigator identi13 fied in such demand at the principal place of busi14 ness of such person, or at such other place as the 

15 investigator and the person thereafter may agree 

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

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

18 made so available on the return date specified in 

19 such demand, or on such later date as the investi20 gator may prescribe in writing. Such person may, 

21 upon written agreement between the person and the 

22 investigator, substitute copies for originals of all or 

23 any part of such material. 

24 ‘‘(h) INTERROGATORIES.— 


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

2 investigative demand served pursuant to this section 

3 shall be answered separately and fully in writing 

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

5 certificate, in such form as the demand designates, 

6 by— 

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

8 person to whom the demand is directed; or 

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

10 natural person, the person or persons respon11 sible for answering each interrogatory. 

12 ‘‘(2) CONTENTS OF CERTIFICATES.—The cer13 tificate submitted under paragraph (1) shall state 

14 that all information required by the demand and in 

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

16 person to whom the demand is directed has been 

17 submitted. To the extent that any information is not 

18 furnished, the information shall be identified and 

19 reasons set forth with particularity regarding the 

20 reasons why the information was not furnished. 

21 ‘‘(3) OBJECTIONS.—If any interrogatory is ob22 jected to, the reasons for the objection shall be stat23 ed in the certificate instead of an answer. 

24 ‘‘(i) ORAL EXAMINATIONS.— 


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

2 person pursuant to a civil investigative demand for 

3 oral testimony served under this section shall be 

4 taken before an officer authorized to administer 

5 oaths and affirmations by the laws of the United 

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

7 The officer before whom the testimony is to be taken 

8 shall put the witness on oath or affirmation and 

9 shall personally, or by someone acting under the di10 rection of the officer and in the officer’s presence, 

11 record the testimony of the witness. The testimony 

12 shall be taken stenographically and transcribed. 

13 When the testimony is fully transcribed, the officer 

14 before whom the testimony is taken shall promptly 

15 transmit a copy of the transcript of the testimony to 

16 the custodian. This subsection shall not preclude the 

17 taking of testimony by any means authorized by, 

18 and in a manner consistent with, the Federal Rules 

19 of Civil Procedure. 

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

21 conducting the examination shall exclude from the 

22 place where the examination is held all persons ex23 cept the person giving the testimony, the attorney 

24 for and any other representative of the person giving 

25 the testimony, the attorney for the Government, any 


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1 person who may be agreed upon by the attorney for 

2 the Government and the person giving the testi3 mony, the officer before whom the testimony is to be 

4 taken, and any stenographer taking such testimony. 

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

6 testimony of any person taken pursuant to a civil in7 vestigative demand served under this section shall be 

8 taken in the judicial district of the United States 

9 within which such person resides, is found, or trans10 acts business, or in such other place as may be 

11 agreed upon by the investigator conducting the ex12 amination and such person. 

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

14 testimony is fully transcribed, the investigator or the 

15 officer before whom the testimony is taken shall af16 ford the witness (who may be accompanied by coun17 sel) a reasonable opportunity to examine and read 

18 the transcript, unless such examination and reading 

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

20 substance which the witness desires to make shall be 

21 entered and identified upon the transcript by the of22 ficer or the investigator with a statement of the rea23 sons given by the witness for making such changes. 

24 The transcript shall then be signed by the witness, 

25 unless the witness in writing waives the signing, is 


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1 ill, cannot be found, or refuses to sign. If the tran2 script is not signed by the witness within 30 days 

3 after being afforded a reasonable opportunity to ex4 amine it, the officer or the investigator shall sign it 

5 and state on the record the fact of the waiver, ill6 ness, absence of the witness, or the refusal to sign, 

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

8 ‘‘(5) CERTIFICATION AND DELIVERY TO CUSTO9 DIAN.—The officer before whom the testimony is 

10 taken shall certify on the transcript that the witness 

11 was duly sworn by the officer and that the transcript 

12 is a true record of the testimony given by the wit13 ness, and the officer or investigator shall promptly 

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

15 the custodian. 

16 ‘‘(6) FURNISHING OR INSPECTION OF TRAN17 SCRIPT BY WITNESS.—Upon payment of reasonable 

18 charges therefor, the investigator shall furnish a 

19 copy of the transcript to the witness only, except 

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

21 designee in accordance with this Act, may for good 

22 cause limit such witness to inspection of the official 

23 transcript of the witness’s testimony. 

24 ‘‘(7) CONDUCT OF ORAL TESTIMONY.— 


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

2 to appear for oral testimony under a civil inves3 tigative demand issued under subsection (a) 

4 may be accompanied, represented, and advised 

5 by counsel. Counsel may advise such person, in 

6 confidence, with respect to any question asked 

7 of such person. Such person or counsel may ob8 ject on the record to any question, in whole or 

9 in part, and shall briefly state for the record 

10 the reason for the objection. An objection may 

11 be made, received, and entered upon the record 

12 when it is claimed that such person is entitled 

13 to refuse to answer the question on the grounds 

14 of any constitutional or other legal right or 

15 privilege, including the privilege against self-in16 crimination. Such person may not otherwise ob17 ject to or refuse to answer any question, and 

18 may not directly or through counsel otherwise 

19 interrupt the oral examination. If such person 

20 refuses to answer any question, a petition may 

21 be filed in the district court of the United 

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

23 compelling such person to answer such ques24 tion. 


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1 ‘‘(B) COMPELLED TESTIMONY.—If such 

2 person refuses to answer any question on the 

3 grounds of the privilege against self-incrimina4 tion, the testimony of such person may be com5 pelled in accordance with the provisions of part 

6 V of title 18, United States Code. 

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

8 person appearing for oral testimony under a civil in9 vestigative demand issued under subsection (a) shall 

10 be entitled to the same fees and allowances which 

11 are paid to witnesses in the district courts of the 

12 United States. 

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

14 TRANSCRIPTS.— 

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

16 designee in accordance with this Act, shall designate 

17 an investigator to serve as custodian of documentary 

18 material, answers to interrogatories, and transcripts 

19 of oral testimony received under this section, and 

20 shall designate such additional investigators as the 

21 Attorney General determines from time to time to be 

22 necessary to serve as deputies of the custodian. 

23 ‘‘(2) RESPONSIBILITY FOR MATERIALS; DISCLO24 SURE.— 


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

2 receives any documentary material, answers to 

3 interrogatories, or transcripts of oral testimony 

4 under this section shall transmit them to the 

5 custodian. The custodian shall take physical 

6 possession of such material, answers, or tran7 scripts and shall be responsible for the use 

8 made of them and for the return of documen9 tary material under paragraph (4). 

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

11 cause the preparation of such copies of such 

12 documentary material, answers to interrog13 atories, or transcripts of oral testimony as may 

14 be required for official use by any investigator, 

15 or other officer or employee of the Department 

16 of Justice. Such material, answers, and tran17 scripts may be used by any such authorized in18 vestigator or other officer or employee in con19 nection with the taking of oral testimony under 

20 this section. 

21 ‘‘(C) NO EXAMINATION.—Except as other22 wise provided in this subsection, no documen23 tary material, answers to interrogatories, or 

24 transcripts of oral testimony, or copies thereof, 

25 while in the possession of the custodian, shall 


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1 be available for examination by any individual 

2 other than an investigator or other officer or 

3 employee of the Department of Justice author4 ized under subparagraph (B). The prohibition 

5 in the preceding sentence on the availability of 

6 material, answers, or transcripts shall not apply 

7 if consent is given by the person who produced 

8 such material, answers, or transcripts, or, in 

9 the case of any product of discovery produced 

10 pursuant to an express demand for such mate11 rial, consent is given by the person from whom 

12 the discovery was obtained. Nothing in this sub13 paragraph is intended to prevent disclosure to 

14 the Congress, including any committee or sub15 committee of the Congress, or to any other 

16 agency of the United States for use by such 

17 agency in furtherance of its statutory respon18 sibilities. 

19 ‘‘(D) EXAMINATION BY CERTAIN PER20 SONS.—While in the possession of the custodian 

21 and under such reasonable terms and conditions 

22 as the Attorney General shall prescribe— 

23 ‘‘(i) documentary material and an24 swers to interrogatories shall be available 

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1 duced such material or answers, or by a 

2 representative of that person authorized by 

3 that person to examine such material and 

4 answers; and 

5 ‘‘(ii) transcripts of oral testimony 

6 shall be available for examination by the 

7 person who produced such testimony, or by 

8 a representative of that person authorized 

9 by that person to examine such transcripts. 

10 ‘‘(3) USE OF MATERIAL, ANSWERS, OR TRAN11 SCRIPTS IN OTHER PROCEEDINGS.—Whenever any 

12 attorney of the Department of Justice has been des13 ignated to appear before any court, grand jury, or 

14 Federal agency in any case or proceeding, the custo15 dian of any documentary material, answers to inter16 rogatories, or transcripts of oral testimony received 

17 under this section may deliver to such attorney such 

18 material, answers, or transcripts for official use in 

19 connection with any such case or proceeding as such 

20 attorney determines to be required. Upon the com21 pletion of any such case or proceeding, such attorney 

22 shall return to the custodian any such material, an23 swers, or transcripts so delivered that have not 

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


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1 agency through the introduction thereof into the 

2 record of such case or proceeding. 

3 ‘‘(4) CONDITIONS FOR RETURN OF MATE4 RIAL.—If any documentary material has been pro5 duced by any person in the course of any investiga6 tion pursuant to a civil investigative demand under 

7 this section, and— 

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

9 court or grand jury arising out of such inves10 tigation, or any proceeding before any Federal 

11 agency involving such material, has been com12 pleted; or 

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

14 material may be used has been commenced 

15 within a reasonable time after completion of the 

16 examination and analysis of all documentary 

17 material and other information assembled in 

18 the course of such investigation, 

19 the custodian shall, upon written request of the per20 son who produced such material, return to such per21 son any such material (other than copies furnished 

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

23 for the Department of Justice under paragraph 

24 (2)(B) of this subsection) that has not passed into 

25 the control of any court, grand jury, or agency 


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1 through introduction into the record of such case or 

2 proceeding. 

3 ‘‘(5) APPOINTMENT OF SUCCESSOR

4 CUSTODIANS.— 

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

6 death, disability, or separation from service in 

7 the Department of Justice of the custodian of 

8 any documentary material, answers to interrog9 atories, or transcripts of oral testimony pro10 duced pursuant to a civil investigative demand 

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

12 relief of such custodian from responsibility for 

13 the custody and control of such material, an14 swers, or transcripts, the Attorney General or 

15 the Attorney General’s designee in accordance 

16 with this Act shall promptly— 

17 ‘‘(i) designate another investigator to 

18 serve as custodian of such material, an19 swers, or transcripts; and 

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

21 who produced such material, answers, or 

22 testimony notice of the identity and ad23 dress of the successor so designated. 

24 ‘‘(B) SUCCESSOR.—Any person who is des25 ignated to be a successor under this paragraph 


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1 shall have, with regard to such material, an2 swers, or transcripts, the same duties and re3 sponsibilities as were imposed by this section 

4 upon the predecessor in office of that person, 

5 except that the successor shall not be held re6 sponsible for any default or dereliction that oc7 curred before that designation. 

8 ‘‘(k) JUDICIAL PROCEEDINGS.— 

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

10 any person fails to comply with any civil investiga11 tive demand issued under subsection (a), or when12 ever satisfactory copying or reproduction of any ma13 terial requested in such demand cannot be done and 

14 such person refuses to surrender such material, the 

15 Attorney General may file, in the district court of 

16 the United States for any judicial district in which 

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

18 and serve upon such person a petition for an order 

19 of such court for the enforcement of the civil inves20 tigative demand. 

21 ‘‘(2) PETITION TO MODIFY OR SET ASIDE DE22 MAND.— 

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

24 received a civil investigative demand issued 

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


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1 court of the United States for the judicial dis2 trict in which such person resides, is found, or 

3 transacts business, and serve upon the investi4 gator identified in such demand a petition for 

5 an order of the court to modify or set aside 

6 such demand. In the case of a petition ad7 dressed to an express demand for any product 

8 of discovery, a petition to modify or set aside 

9 such demand may be brought only in the dis10 trict court of the United States for the judicial 

11 district in which the proceeding in which such 

12 discovery was obtained is or was last pending. 

13 Any petition under this subparagraph must be 

14 filed— 

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

16 service of the civil investigative demand, or 

17 at any time before the return date speci18 fied in the demand, whichever date is ear19 lier; or 

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

21 be prescribed in writing by any investigator 

22 identified in the demand. 

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

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1 graph (A), and may be based upon any failure 

2 of the demand to comply with the provisions of 

3 this section or upon any constitutional or other 

4 legal right or privilege of such person. During 

5 the pendency of the petition in the court, the 

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

7 of the time allowed for compliance with the de8 mand, in whole or in part, except that the per9 son filing the petition shall comply with any 

10 portions of the demand not sought to be modi11 fied or set aside. 

12 ‘‘(3) PETITION TO MODIFY OR SET ASIDE DE13 MAND FOR PRODUCT OF DISCOVERY.— 

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

15 civil investigative demand issued under sub16 section (a) that is an express demand for any 

17 product of discovery, the person from whom 

18 such discovery was obtained may file, in the dis19 trict court of the United States for the judicial 

20 district in which the proceeding in which such 

21 discovery was obtained is or was last pending, 

22 and serve upon any investigator identified in 

23 the demand and upon the recipient of the de24 mand, a petition for an order of such court to 

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1 mand requiring production of any such product 

2 of discovery. Any petition under this subpara3 graph must be filed— 

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

5 service of the civil investigative demand, or 

6 at any time before the return date speci7 fied in the demand, whichever date is ear8 lier; or 

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

10 be prescribed in writing by any investigator 

11 identified in the demand. 

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

13 shall specify each ground upon which the peti14 tioner relies in seeking relief under subpara15 graph (A), and may be based upon any failure 

16 of the portions of the demand from which relief 

17 is sought to comply with the provisions of this 

18 section, or upon any constitutional or other 

19 legal right or privilege of the petitioner. During 

20 the pendency of the petition, the court may 

21 stay, as it deems proper, compliance with the 

22 demand and the running of the time allowed for 

23 compliance with the demand. 

24 ‘‘(4) PETITION TO REQUIRE PERFORMANCE BY

25 CUSTODIAN OF DUTIES.—At any time during which 


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1 any custodian is in custody or control of any docu2 mentary material or answers to interrogatories pro3 duced, or transcripts of oral testimony given, by any 

4 person in compliance with any civil investigative de5 mand issued under subsection (a), such person, and 

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

7 discovery, the person from whom such discovery was 

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

9 States for the judicial district in which the office of 

10 such custodian is situated, and serve upon such cus11 todian, a petition for an order of such court to re12 quire the performance by the custodian of any duty 

13 imposed upon the custodian by this section. 

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

15 filed in any district court of the United States under 

16 this subsection, such court shall have jurisdiction to 

17 hear and determine the matter so presented, and to 

18 enter such order or orders as may be required to 

19 carry out the provisions of this section. Any final 

20 order so entered shall be subject to appeal under 

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

22 disobedience of any final order entered under this 

23 section by any court shall be punished as a contempt 

24 of the court. 


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1 ‘‘(6) APPLICABILITY OF FEDERAL RULES OF

2 CIVIL PROCEDURE.—The Federal Rules of Civil Pro3 cedure shall apply to any petition under this sub4 section, to the extent that such rules are not incon5 sistent with the provisions of this section. 

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

7 material, answers to written interrogatories, or oral testi8 mony provided under any civil investigative demand issued 

9 under subsection (a) shall be exempt from disclosure 

10 under section 552 of title 5, United States Code, as de11 scribed in subsection (b)(3) of such section. 

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

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

14 or any deputy custodian, designated by the Attorney 

15 General under subsection (j)(1); 

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

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

18 memorandum, paper, communication, tabulation, 

19 chart, or other document, or data compilations 

20 stored in or accessible through computer or other in21 formation retrieval systems, together with instruc22 tions and all other materials necessary to use or in23 terpret such data compilations, and any product of 

24 discovery; 


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

2 conducted for the purpose of ascertaining whether 

3 any person is or has been engaged in any violation 

4 of this Act; 

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

6 or investigator employed by the Department of Jus7 tice who is charged with the duty of enforcing or 

8 carrying into effect this Act, or any officer or em9 ployee of the United States acting under the direc10 tion and supervision of such attorney or investigator 

11 in connection with an investigation; 

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

13 is consistent with the law, and the regulations and 

14 policies of the Department of Justice, including use 

15 in connection with internal Department of Justice 

16 memoranda and reports; communications between 

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

18 local government agency, or a contractor of a Fed19 eral, State, or local government agency, undertaken 

20 in furtherance of a Department of Justice investiga21 tion or prosecution of a case; oral examinations; 

22 depositions; preparation for and response to civil dis23 covery requests; introduction into the record of a 

24 case or proceeding; applications, motions, memo25 randa and briefs submitted to a court or other triVerDate Sep 11 2014 20:35 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762

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1 bunal; and communications with Government inves2 tigators, auditors, consultants and experts, the coun3 sel of other parties, arbitrators and mediators, con4 cerning an investigation, case or proceeding; and 

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

6 ‘‘(A) the original or duplicate of any depo7 sition, interrogatory, document, thing, result of 

8 the inspection of land or other property, exam9 ination, or admission, which is obtained by any 

10 method of discovery in any judicial or adminis11 trative proceeding of an adversarial nature; 

12 ‘‘(B) any digest, analysis, selection, com13 pilation, or derivation of any item listed in sub14 paragraph (A); and 

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

16 to any item listed in subparagraph (A). 

17 ‘‘(n) SUNSET.—The authority of the Attorney Gen18 eral to issue a civil investigative demand under this section 

19 shall expire upon the expiration of the 5-year period that 

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

21 SEC. 3. FOREIGN AGENTS REGISTRATION CRIMINAL EN22 FORCEMENT. 

23 (a) INCREASED CRIMINAL PENALTIES.—Section 8 of 

24 the Foreign Agents Registration Act of 1938 (22 U.S.C. 

25 618) is amended— 


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1 (1) in subsection (a)(2)— 

2 (A) by striking ‘‘$10,000’’ and inserting 

3 ‘‘$200,000’’; 

4 (B) by striking ‘‘five’’ and inserting ‘‘5’’; 

5 (C) by striking ‘‘(g) or (h)’’ and inserting 

6 ‘‘(g), (h), or (i)’’; 

7 (D) by striking ‘‘$5,000’’ and inserting 

8 ‘‘$15,000’’; and 

9 (E) by striking ‘‘six’’ and inserting ‘‘6’’; 

10 and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(i) CONGRESSIONAL NOTIFICATION.— 

14 ‘‘(1) OFFENSE.—It shall be unlawful for any 

15 agent of a foreign principal registered under this Act 

16 to willfully fail to disclose before or during any meet17 ing with a Member of Congress or a member of the 

18 staff of a Member or committee of Congress that the 

19 agent of the foreign principal is registered under 

20 this Act. 

21 ‘‘(2) DEFINITION.—In this subsection, the term 

22 ‘Member of Congress’ has the meaning given the 

23 term in section 3 of the Lobbying and Disclosure 

24 Act of 1995 (2 U.S.C. 1602).’’. 


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1 SEC. 4. FOREIGN AGENTS REGISTRATION CIVIL ENFORCE2 MENT. 

3 Section 8 of the Foreign Agents Registration Act of 

4 1938 (22 U.S.C. 618), as amended by section 3 of this 

5 Act, is amended by adding at the end the following: 

6 ‘‘(j) CIVIL ENFORCEMENT.— 

7 ‘‘(1) CIVIL PENALTIES.— 

8 ‘‘(A) REGISTRATION STATEMENTS.— 

9 ‘‘(i) IN GENERAL.—Any person who is 

10 required to register under this Act and 

11 fails to file a timely or complete registra12 tion statement required under section 2(a) 

13 shall be subject to a civil fine of not more 

14 than $10,000 for each violation, without 

15 regard to the state of mind of the person. 

16 ‘‘(ii) NO FINES PAID BY FOREIGN

17 PRINCIPALS.—If a person is subject to a 

18 civil fine under clause (i), the civil fine 

19 may not be paid, directly or indirectly, by 

20 a foreign principal. 

21 ‘‘(B) SUPPLEMENTS.—Any person who is 

22 required to file a supplement to a registration 

23 statement under section 2(b) and fails to file a 

24 timely or complete supplement required under 

25 that section shall be subject to a civil fine of 


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1 not more than $1,000 for each violation, with2 out regard to the state of mind of the person. 

3 ‘‘(C) FAILURE TO REMEDY DEFICIENT FIL4 INGS.—Any person who is required to file a reg5 istration statement under this Act, receives no6 tice under subsection (g) that the registration 

7 statement filed by the person is deficient, and 

8 knowingly fails to remedy the deficiency within 

9 60 days after receiving the notice shall, upon 

10 proof by a preponderance of the evidence of 

11 such knowing failure to remedy the deficiency, 

12 be subject to a civil fine of not more than 

13 $200,000, depending on the extent and gravity 

14 of the violation. 

15 ‘‘(D) OTHER VIOLATIONS.—Any person 

16 who knowingly fails to comply with any other 

17 provision of this Act shall, upon proof by a pre18 ponderance of the evidence of such knowing 

19 failure to comply, be subject to a civil fine of 

20 not more than $200,000, depending on the ex21 tent and gravity of the violation. 

22 ‘‘(2) USE OF FINES.—All fines collected under 

23 this subsection shall be used to defray the cost of 

24 enforcing this Act.’’. 


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1 SEC. 5. COMPREHENSIVE STRATEGY TO IMPROVE EN2 FORCEMENT AND ADMINISTRATION. 

3 (a) DEVELOPMENT OF COMPREHENSIVE STRAT4 EGY.—Not later than 120 days after the date of enact5 ment of this Act, the Attorney General shall develop and 

6 implement a comprehensive strategy to improve the en7 forcement and administration of the Foreign Agents Reg8 istration Act of 1938 (22 U.S.C. 611 et seq.), as amended 

9 by this Act, that addresses the following issues: 

10 (1) The coordination and integration of the 

11 work of the agencies that perform investigations and 

12 bring actions (including criminal prosecutions) to en13 force the Foreign Agents Registration Act of 1938 

14 with the overall national security efforts of the De15 partment of Justice. 

16 (2) A formal cost-benefit analysis of the appro17 priateness of the fee structure under the Foreign 

18 Agents Registration Act of 1938. 

19 (3) An assessment of the appropriateness of the 

20 exemptions under section 3 of the Foreign Agents 

21 Registration Act of 1938 (22 U.S.C. 613) that per22 mit persons who represent the interests of foreign 

23 principals to avoid registering under that Act. 

24 (4) Ensuring regular and ongoing proactive 

25 public access to advisory opinions as an informa26 tional and oversight resource. 


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1 (b) REVIEW AND REPORT BY THE INSPECTOR GEN2 ERAL.—Not later than 1 year after the date on which the 

3 Attorney General implements the comprehensive strategy, 

4 the Inspector General of the Department of Justice shall 

5 carry out a review of and submit a report to the appro6 priate committees of Congress on— 

7 (1) the extent to which the Attorney General 

8 has developed and implemented the comprehensive 

9 strategy; and 

10 (2) the usage, effectiveness, and any potential 

11 abuse of the authority granted to the Attorney Gen12 eral to issue civil investigative demands under sec13 tion 9 of the Foreign Agents Registration Act of 

14 1938, as added by section 2 of this Act. 

15 (c) ANNUAL REPORTS BY THE ATTORNEY GEN16 ERAL.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this Act, and annually 

19 thereafter, the Attorney General, in consultation 

20 with the Assistant Attorney General for National Se21 curity, shall submit a report to the appropriate com22 mittees of Congress detailing the usage, during the 

23 year preceding the date on which the report is sub24 mitted, of the authority granted to the Attorney 

25 General to issue civil investigative demands under 


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1 section 9 of the Foreign Agents Registration Act of 

2 1938, as added by section 2 of this Act, including, 

3 with respect to the year for which the report is sub4 mitted— 

5 (A) the number of civil investigative de6 mands issued by the Attorney General; 

7 (B) with respect to each civil investigative 

8 demand issued by the Attorney General, a de9 scription of— 

10 (i) the nature of the conduct consti11 tuting the alleged violation of the Foreign 

12 Agents Registration Act of 1938 that was 

13 under investigation; 

14 (ii) the provision of that Act alleged 

15 to have been violated; 

16 (iii) the nature of any documentary 

17 material, answers to interrogatories, or 

18 oral testimony sought through the civil in19 vestigative demand; and 

20 (iv) a description of the results of the 

21 civil investigative demand, including wheth22 er, after the Attorney General issued the 

23 civil investigative demand and as a result 

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1 son relating to an alleged violation of that 

2 Act, regardless of whether the charges 

3 were filed against the person to whom the 

4 civil investigative demand was issued; 

5 (C) with respect to petitions for orders for 

6 the enforcement of civil investigative demands 

7 under section 9(k)(1) of the Foreign Agents 

8 Registration Act of 1938— 

9 (i) the number of petitions that the 

10 Attorney General filed in district courts of 

11 the United States; and 

12 (ii) with respect to each petition, a de13 tailed description of the circumstances that 

14 led the Attorney General to file the peti15 tion; and 

16 (D) any other information relating to the 

17 use of such authority that the Attorney General 

18 determines to be relevant. 

19 (2) INTERESTS OF UNCHARGED THIRD PAR20 TIES.—In preparing each report under paragraph 

21 (1), with respect to reporting information described 

22 in clauses (i) and (ii) of paragraph (1)(B), the At23 torney General shall give due regard to protecting 

24 the interests of uncharged third parties. 


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1 (d) REPORT RELATING TO ELECTRONIC FILING.— 

2 In the annual report submitted by the Attorney General 

3 under subsection (c) for the year that is 2 years after the 

4 date of enactment of this Act, the Attorney General, in 

5 consultation with the Assistant Attorney General for Na6 tional Security, shall include information relating to steps 

7 that can be taken in order to permit electronic filing by 

8 registrants of all information required to be filed under 

9 the Foreign Agent Registration Act of 1938 (22 U.S.C. 

10 611 et seq.) in order to convert the website database that 

11 contains that information and is maintained by the For12 eign Agents Registration Unit of the Counterintelligence 

13 and Export Control Section in the National Security Divi14 sion of the Department of Justice to a fully searchable, 

15 sortable, and downloadable format. 

16 SEC. 6. ANALYSIS BY THE GOVERNMENT ACCOUNTABILITY 

17 OFFICE. 

18 Not later than 3 years after the date of enactment 

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

20 shall— 

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

22 the enforcement and administration of the Foreign 

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

24 seq.), as amended by this Act— 


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1 (A) including the extent to which the 

2 amendments made by this Act have improved 

3 the enforcement and administration of the For4 eign Agents Registration Act of 1938; and 

5 (B) taking into consideration the com6 prehensive strategy; and 

7 (2) submit the analysis carried out under para8 graph (1) to— 

9 (A) the Attorney General; 

10 (B) the Inspector General of the Depart11 ment of Justice; and 

12 (C) the appropriate committees of Con13 gress. 

14 SEC. 7. AUDIT OF THE LOBBYING DISCLOSURE ACT EXEMP15 TION UNDER THE FOREIGN AGENTS REG16 ISTRATION ACT OF 1938. 

17 Not later than 1 year after the date of enactment 

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

19 in consultation with the Attorney General and the Inspec20 tor General of the Department of Justice, shall— 

21 (1) conduct a comprehensive audit of the use of 

22 the Lobbying Disclosure Act exemption, which shall 

23 include, at minimum, an examination of— 

24 (A) whether the Lobbying Disclosure Act 

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1 sure Act exemption was originally intended to 

2 operate; 

3 (B) whether, since the date of enactment 

4 of the Lobbying Disclosure Act of 1995, the 

5 Lobbying Disclosure Act exemption has contrib6 uted to— 

7 (i) a decline in the number of reg8 istrations filed under the Foreign Agents 

9 Registration Act of 1938 (22 U.S.C. 611 

10 et seq.); or 

11 (ii) a decline in public awareness of 

12 the lobbying activities carried out on behalf 

13 of foreign principals; and 

14 (C) whether the Lobbying Disclosure Act 

15 exemption creates or increases opportunities for 

16 the knowing misuse or abuse of, or the neg17 ligent failure to comply with, Federal lobbying 

18 registration and disclosure requirements; 

19 (2) develop policy recommendations to improve 

20 oversight of and compliance with Federal lobbying 

21 registration and disclosure requirements; and 

22 (3) submit a report to the appropriate commit23 tees of Congress that contains— 

24 (A) the results of the audit conducted 

25 under paragraph (1); and 


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1 (B) the recommendations developed under 

2 paragraph (2). 

3 SEC. 8. DEFINITIONS. 

4 In this Act— 

5 (1) the term ‘‘appropriate committees of Con6 gress’’ means— 

7 (A) the Committees on the Judiciary and 

8 Foreign Relations of the Senate; and 

9 (B) the Committee on the Judiciary of the 

10 House of Representatives; 

11 (2) the term ‘‘comprehensive strategy’’ means 

12 the comprehensive strategy to improve the enforce13 ment and administration of the Foreign Agents Reg14 istration Act of 1938 (22 U.S.C. 611 et seq.) devel15 oped and implemented by the Attorney General 

16 under section 5(a); 

17 (3) the terms ‘‘documentary material’’ and ‘‘in18 vestigation’’ have the meanings given those terms in 

19 section 9 of the Foreign Agents Registration Act of 

20 1938, as added by section 2 of this Act; 

21 (4) the term ‘‘Foreign Agents Registration Act 

22 of 1938’’ means the Foreign Agents Registration 

23 Act of 1938, as amended (22 U.S.C. 611 et seq.); 

24 (5) the term ‘‘foreign principal’’ has the mean25 ing given the term in section 1 of the Foreign 


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1 Agents Registration Act of 1938 (22 U.S.C. 611); 

2 and 

3 (6) the term ‘‘Lobbying Disclosure Act exemp4 tion’’ means the exemption under section 3(h) of the 

5 Foreign Agents Registration Act of 1938 (22 U.S.C. 

6 613(h)). 

7 SEC. 9. EFFECTIVE DATE. 

8 The amendments made by this Act shall take effect 

9 on the date that is 180 days after the date of enactment 

10 of this Act. 

Æ 


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