SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disclosing Foreign In-
fluence Act’’. 
SEC. 2. REPEALING EXEMPTION FROM REGISTRATION 
UNDER 
FOREIGN 
AGENTS 
REGISTRATION 
ACT OF 1938 FOR PERSONS FILING DISCLO-
SURE REPORTS UNDER LOBBYING DISCLO-
SURE ACT OF 1995. 
(a) REPEAL OF EXEMPTION.—Section 3 of the For-
eign Agents Registration Act of 1938 (22 U.S.C. 613) is 
amended by striking subsection (h). 
(b) TIMING OF FILING OF REGISTRATION STATE-
MENTS.—Section 2 of the Foreign Agents Registration 
Act of 1938 (22 U.S.C. 612) is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), in the fourth sentence, by striking 
‘‘The registration statement shall include’’ and in-
serting ‘‘Except as provided in subsection (h), the 
registration statement shall include’’; and 
(2) by adding at the end the following: 
‘‘(h) TIMING FOR FILING OF STATEMENTS BY PER-
SONS REGISTERED UNDER LOBBYING DISCLOSURE ACT 
OF 1995.—In the case of an agent of a person described 
in section 1(b)(2) or an entity described in section 1(b)(3) 
who has registered under the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.), after the agent files the 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
first registration required under subsection (a) in connec-
tion with the agent’s representation of such person or enti-
ty, the agent shall file all subsequent statements required 
under this section at the same time, and in the same fre-
quency, as the reports filed with the Clerk of the House 
of Representatives or the Secretary of the Senate (as the 
case may be) under section 5 of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1604) in connection with the 
agent’s representation of such person or entity.’’. 
SEC. 3. PROMOTING ENFORCEMENT OF REGISTRATION RE-
QUIREMENTS FOR FOREIGN AGENTS BY AU-
THORIZING ATTORNEY GENERAL TO ISSUE 
CIVIL INVESTIGATIVE DEMANDS. 
The Foreign Agents Registration Act of 1938 (22 
U.S.C. 611 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 12. CIVIL INVESTIGATIVE DEMANDS. 
‘‘(a) AUTHORITY OF ATTORNEY GENERAL.— 
‘‘(1) AUTHORITY
DESCRIBED.—Whenever the 
Attorney General or the Attorney General’s designee 
has reason to believe that any person may be in pos-
session, custody, or control of any documentary ma-
terial, or may have any information, relevant to an 
investigation under this Act, the Attorney General or 
designee may, prior to the institution of a civil or 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
criminal proceeding by the United States thereon, 
issue in writing, and cause to be served upon such 
person, a civil investigative demand requiring such 
person to produce such documentary material for in-
spection and copying or reproduction, to answer in 
writing written interrogatories with respect to such 
documentary material or information, to give oral 
testimony concerning such documentary material or 
information, or to furnish any combination of such 
material, answers, or testimony. Whenever a civil in-
vestigative demand is an express demand for any 
product of discovery, the Attorney General or des-
ignee shall cause to be served, in any manner au-
thorized by this section, a copy of such demand upon 
the person from whom the discovery was obtained 
and notify the person to whom such demand is 
issued of the date on which such copy was served. 
‘‘(2) LIMITING INDIVIDUALS WHO MAY SERVE 
AS DESIGNEES.—The Attorney General may not des-
ignate any individual other than the Assistant Attor-
ney General for National Security or a Deputy At-
torney General to carry out the authority provided 
under this section. 
‘‘(b) CONTENTS AND DEADLINES.— 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
‘‘(1) IN GENERAL.—Each demand issued under 
subsection (a) shall— 
‘‘(A) state the nature of the conduct con-
stituting the alleged violation of this Act which 
is under investigation and the provision of this 
Act alleged to be violated; 
‘‘(B) if such demand is for the production 
of documentary material— 
‘‘(i) describe each class of documen-
tary material to be produced with such 
definiteness and certainty as to permit 
such material to be fairly identified; 
‘‘(ii) prescribe a return date for each 
such class which will provide a reasonable 
period of time within which the material so 
demanded may be assembled and made 
available for inspection and copying or re-
production; and 
‘‘(iii) identify the custodian to whom 
such material shall be made available; 
‘‘(C) if such demand is for answers to writ-
ten interrogatories— 
‘‘(i) set forth with specificity the writ-
ten interrogatories to be answered; 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
‘‘(ii) prescribe dates at which time an-
swers to written interrogatories shall be 
submitted; and 
‘‘(iii) identify the custodian to whom 
such answers shall be submitted; and 
‘‘(D) if such demand is for the giving of 
oral testimony— 
‘‘(i) prescribe a date, time, and place 
at which oral testimony shall be com-
menced; 
‘‘(ii) identify an investigator who shall 
conduct the examination and the custodian 
to whom the transcript of such examina-
tion shall be submitted; 
‘‘(iii) specify that such attendance and 
testimony are necessary to the conduct of 
the investigation; 
‘‘(iv) notify the person receiving the 
demand of the right to be accompanied by 
an attorney and any other representative; 
and 
‘‘(v) describe the general purpose for 
which the demand is being issued and the 
general nature of the testimony, including 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
the primary areas of inquiry, which will be 
taken pursuant to the demand. 
‘‘(2) PRODUCT OF DISCOVERY.—Any civil inves-
tigative demand issued under this section which is 
an express demand for any product of discovery 
shall not be returned or returnable until 20 days 
after a copy of such demand has been served upon 
the person from whom the discovery was obtained. 
‘‘(3) DATE.—The date prescribed for the com-
mencement of oral testimony pursuant to a civil in-
vestigative demand issued under subsection (a) shall 
be a date which is not less than 7 days after the 
date on which demand is received, unless the Attor-
ney General or the Attorney General’s designee de-
termines that exceptional circumstances are present 
which warrant the commencement of such testimony 
within a lesser period of time. 
‘‘(4) NOTIFICATION.—The Attorney General 
shall not authorize the issuance under this section of 
more than one civil investigative demand for oral 
testimony by the same person unless the person re-
quests otherwise or unless the Attorney General, 
after investigation, notifies that person in writing 
that an additional demand for oral testimony is nec-
essary. 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
‘‘(c) PROTECTED MATERIAL OR INFORMATION.— 
‘‘(1) IN
GENERAL.—A civil investigative de-
mand issued under subsection (a) may not require 
the production of any documentary material, the 
submission of any answers to written interrogatories, 
or the giving of any oral testimony if such material, 
answers, or testimony would be protected from dis-
closure under— 
‘‘(A) the standards applicable to subpoenas 
or subpoenas duces tecum issued by a court of 
the United States in aid of a grand jury inves-
tigation; or 
‘‘(B) the standards applicable to discovery 
requests under the Federal Rules of Civil Pro-
cedure, to the extent that the application of 
such standards to any such demand is appro-
priate and consistent with the provisions and 
purposes of this Act. 
‘‘(2) EFFECT ON OTHER ORDERS, RULES, AND 
LAWS.—Any such demand which is an express de-
mand for any product of discovery supersedes any 
inconsistent order, rule, or provision of law (other 
than this Act) preventing or restraining disclosure of 
such product of discovery to any person. Disclosure 
of any product of discovery pursuant to any such ex-
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
press demand does not constitute a waiver of any 
right or privilege, including without limitation any 
right or privilege which may be invoked to resist dis-
covery of trial preparation materials, to which the 
person making such disclosure may be entitled. 
‘‘(d) SERVICE; JURISDICTION.— 
‘‘(1) BY WHOM SERVED.—Any civil investiga-
tive demand issued under subsection (a) may be 
served by an appropriate investigator, or by a 
United States marshal or deputy marshal, at any 
place within the territorial jurisdiction of any court 
of the United States. 
‘‘(2) SERVICE IN FOREIGN NATIONS.—Any such 
demand or petition filed under subsection (k) may 
be served upon any person who is not to be found 
within the territorial jurisdiction of any court of the 
United States, in such manner as the Federal Rules 
of Civil Procedure prescribe for service in a foreign 
country. To the extent that the courts of the United 
States can assert jurisdiction over any such person 
consistent with due process, the United States Dis-
trict Court for the District of Columbia shall have 
the same jurisdiction to take any action respecting 
compliance with this Act by any such person that 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
such court would have if such person were personally 
within the jurisdiction of such court. 
‘‘(e) SERVICE UPON LEGAL ENTITIES AND NATURAL 
PERSONS.— 
‘‘(1) LEGAL ENTITIES.—Service of any civil in-
vestigative demand issued under subsection (a) or of 
any petition filed under subsection (k) may be made 
upon a partnership, corporation, association, or 
other legal entity by— 
‘‘(A) delivering a duly executed copy of 
such demand or petition to any partner, execu-
tive officer, managing agent, or general agent 
of the partnership, corporation, association, or 
entity, or to any agent thereof authorized by 
appointment or by law to receive service of 
process on behalf of such partnership, corpora-
tion, association, or entity; 
‘‘(B) delivering a duly executed copy of 
such demand or petition to the principal office 
or place of business of the partnership, corpora-
tion, association, or entity to be served; or 
‘‘(C) depositing an executed copy of such 
demand or petition in the United States mails 
by registered or certified mail, with a return re-
ceipt requested, duly addressed to such partner-
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
ship, corporation, association, or entity at its 
principal office or place of business. 
‘‘(2) NATURAL PERSONS.—Service of any such 
demand or petition may be made upon any natural 
person by— 
‘‘(A) delivering a duly executed copy of 
such demand or petition to the person to be 
served; or 
‘‘(B) depositing an executed copy of such 
demand or petition in the United States mails 
by registered or certified mail, with a return re-
ceipt requested, duly addressed to such person 
at the person’s residence or principal office or 
place of business. 
‘‘(f) PROOF OF SERVICE.—A verified return by the 
individual serving any civil investigative demand under 
subsection (a) or any petition filed under subsection (k) 
setting forth the manner of such service shall be proof of 
such service. In the case of service by registered or cer-
tified mail, such return shall be accompanied by the return 
post office receipt of delivery of such demand. 
‘‘(g) DOCUMENTARY MATERIAL.— 
‘‘(1) SWORN CERTIFICATES.—The production of 
documentary material in response to a civil inves-
tigative demand served pursuant to this section shall 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
be made under a sworn certificate, in such form as 
the demand designates, by— 
‘‘(A) in the case of a natural person, the 
person to whom the demand is directed; or 
‘‘(B) in the case of a person other than a 
natural person, a person having knowledge of 
the facts and circumstances relating to such 
production and authorized to act on behalf of 
such person, 
to the effect that all of the documentary material re-
quired by the demand and in the possession, cus-
tody, or control of the person to whom the demand 
is directed has been produced and made available to 
the custodian. 
‘‘(2) PRODUCTION OF MATERIALS.—Any person 
upon whom any civil investigative demand for the 
production of documentary material has been served 
under this section shall make such material available 
for inspection and copying to the investigator identi-
fied in such demand at the principal place of busi-
ness of such person, or at such other place as the 
investigator and the person thereafter may agree 
and prescribe in writing, or as the court may direct 
under subsection (k)(1). Such material shall be 
made so available on the return date specified in 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
such demand, or on such later date as the investi-
gator may prescribe in writing. Such person may, 
upon written agreement between the person and the 
investigator, substitute copies for originals of all or 
any part of such material. 
‘‘(h) INTERROGATORIES.— 
‘‘(1) ANSWERS.—Each interrogatory in a civil 
investigative demand served pursuant to this section 
shall be answered separately and fully in writing 
under oath, and it shall be submitted under a sworn 
certificate, in such form as the demand designates, 
by— 
‘‘(A) in the case of a natural person, the 
person to whom the demand is directed; or 
‘‘(B) in the case of a person other than a 
natural person, the person or persons respon-
sible for answering each interrogatory. 
‘‘(2) CONTENTS OF CERTIFICATES.—The cer-
tificate submitted under paragraph (1) shall state 
that all information required by the demand and in 
the possession, custody, control, or knowledge of the 
person to whom the demand is directed has been 
submitted. To the extent that any information is not 
furnished, the information shall be identified and 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
reasons set forth with particularity regarding the 
reasons why the information was not furnished. 
‘‘(3) OBJECTIONS.—If any interrogatory is ob-
jected to, the reasons for the objection shall be stat-
ed in the certificate instead of an answer. 
‘‘(i) ORAL EXAMINATIONS.— 
‘‘(1) PROCEDURES.—The examination of any 
person pursuant to a civil investigative demand for 
oral testimony served under this section shall be 
taken before an officer authorized to administer 
oaths and affirmations by the laws of the United 
States or of the place where the examination is held. 
The officer before whom the testimony is to be taken 
shall put the witness on oath or affirmation and 
shall personally, or by someone acting under the di-
rection of the officer and in the officer’s presence, 
record the testimony of the witness. The testimony 
shall be taken stenographically and transcribed. 
When the testimony is fully transcribed, the officer 
before whom the testimony is taken shall promptly 
transmit a copy of the transcript of the testimony to 
the custodian. This subsection shall not preclude the 
taking of testimony by any means authorized by, 
and in a manner consistent with, the Federal Rules 
of Civil Procedure. 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) PERSONS
PRESENT.—The investigator 
conducting the examination shall exclude from the 
place where the examination is held all persons ex-
cept the person giving the testimony, the attorney 
for and any other representative of the person giving 
the testimony, the attorney for the Government, any 
person who may be agreed upon by the attorney for 
the Government and the person giving the testi-
mony, the officer before whom the testimony is to be 
taken, and any stenographer taking such testimony. 
‘‘(3) WHERE
TESTIMONY
TAKEN.—The oral 
testimony of any person taken pursuant to a civil in-
vestigative demand served under this section shall be 
taken in the judicial district of the United States 
within which such person resides, is found, or trans-
acts business, or in such other place as may be 
agreed upon by the investigator conducting the ex-
amination and such person. 
‘‘(4) TRANSCRIPT OF TESTIMONY.—When the 
testimony is fully transcribed, the investigator or the 
officer before whom the testimony is taken shall af-
ford the witness (who may be accompanied by coun-
sel) a reasonable opportunity to examine and read 
the transcript, unless such examination and reading 
are waived by the witness. Any changes in form or 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
substance which the witness desires to make shall be 
entered and identified upon the transcript by the of-
ficer or the investigator with a statement of the rea-
sons given by the witness for making such changes. 
The transcript shall then be signed by the witness, 
unless the witness in writing waives the signing, is 
ill, cannot be found, or refuses to sign. If the tran-
script is not signed by the witness within 30 days 
after being afforded a reasonable opportunity to ex-
amine it, the officer or the investigator shall sign it 
and state on the record the fact of the waiver, ill-
ness, absence of the witness, or the refusal to sign, 
together with the reason, if any, given therefor. 
‘‘(5) CERTIFICATION AND DELIVERY TO CUSTO-
DIAN.—The officer before whom the testimony is 
taken shall certify on the transcript that the witness 
was duly sworn by the officer and that the transcript 
is a true record of the testimony given by the wit-
ness, and the officer or investigator shall promptly 
deliver it or send it by registered or certified mail to 
the custodian. 
‘‘(6) FURNISHING
OR
INSPECTION
OF
TRAN-
SCRIPT BY WITNESS.—Upon payment of reasonable 
charges therefor, the investigator shall furnish a 
copy of the transcript to the witness only, except 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
that the Attorney General, or the Attorney General’s 
designee in accordance with this Act, may for good 
cause limit such witness to inspection of the official 
transcript of the witness’s testimony. 
‘‘(7) CONDUCT OF ORAL TESTIMONY.— 
‘‘(A) IN GENERAL.—Any person compelled 
to appear for oral testimony under a civil inves-
tigative demand issued under subsection (a) 
may be accompanied, represented, and advised 
by counsel. Counsel may advise such person, in 
confidence, with respect to any question asked 
of such person. Such person or counsel may ob-
ject on the record to any question, in whole or 
in part, and shall briefly state for the record 
the reason for the objection. An objection may 
be made, received, and entered upon the record 
when it is claimed that such person is entitled 
to refuse to answer the question on the grounds 
of any constitutional or other legal right or 
privilege, including the privilege against self-in-
crimination. Such person may not otherwise ob-
ject to or refuse to answer any question, and 
may not directly or through counsel otherwise 
interrupt the oral examination. If such person 
refuses to answer any question, a petition may 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
be filed in the district court of the United 
States under subsection (k)(1) for an order 
compelling such person to answer such ques-
tion. 
‘‘(B) COMPELLED
TESTIMONY.—If such 
person refuses to answer any question on the 
grounds of the privilege against self-incrimina-
tion, the testimony of such person may be com-
pelled in accordance with the provisions of part 
V of title 18, United States Code. 
‘‘(8) WITNESS FEES AND ALLOWANCES.—Any 
person appearing for oral testimony under a civil in-
vestigative demand issued under subsection (a) shall 
be entitled to the same fees and allowances which 
are paid to witnesses in the district courts of the 
United States. 
‘‘(j) CUSTODIANS OF DOCUMENTS, ANSWERS, AND 
TRANSCRIPTS.— 
‘‘(1) DESIGNATION.—The Attorney General, or 
designee in accordance with this Act, shall designate 
an investigator to serve as custodian of documentary 
material, answers to interrogatories, and transcripts 
of oral testimony received under this section, and 
shall designate such additional investigators as the 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS
Attorney General determines from time to time to be 
necessary to serve as deputies of the custodian. 
‘‘(2) RESPONSIBILITY FOR MATERIALS; DISCLO-
SURE.— 
‘‘(A) IN GENERAL.—An investigator who 
receives any documentary material, answers to 
interrogatories, or transcripts of oral testimony 
under this section shall transmit them to the 
custodian. The custodian shall take physical 
possession of such material, answers, or tran-
scripts and shall be responsible for the use 
made of them and for the return of documen-
tary material under paragraph (4). 
‘‘(B) PREPARATION.—The custodian may 
cause the preparation of such copies of such 
documentary material, answers to interrog-
atories, or transcripts of oral testimony as may 
be required for official use by any investigator, 
or other officer or employee of the Department 
of Justice. Such material, answers, and tran-
scripts may be used by any such authorized in-
vestigator or other officer or employee in con-
nection with the taking of oral testimony under 
this section. 
VerDate Sep 11 2014 
01:47 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4170.IH
H4170
lotter on DSKBCFDHB2PROD with BILLS