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 
be filed in the district court of the United 
States under subsection (k)(1) for an order 
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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 
Attorney General determines from time to time to be 
necessary to serve as deputies of the custodian. 
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‘‘(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. 
‘‘(C) NO EXAMINATION.—Except as other-
wise provided in this subsection, no documen-
tary material, answers to interrogatories, or 
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transcripts of oral testimony, or copies thereof, 
while in the possession of the custodian, shall 
be available for examination by any individual 
other than an investigator or other officer or 
employee of the Department of Justice author-
ized under subparagraph (B). The prohibition 
in the preceding sentence on the availability of 
material, answers, or transcripts shall not apply 
if consent is given by the person who produced 
such material, answers, or transcripts, or, in 
the case of any product of discovery produced 
pursuant to an express demand for such mate-
rial, consent is given by the person from whom 
the discovery was obtained. Nothing in this sub-
paragraph is intended to prevent disclosure to 
the Congress, including any committee or sub-
committee of the Congress, or to any other 
agency of the United States for use by such 
agency in furtherance of its statutory respon-
sibilities. 
‘‘(D) EXAMINATION
BY
CERTAIN
PER-
SONS.—While in the possession of the custodian 
and under such reasonable terms and conditions 
as the Attorney General shall prescribe— 
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‘‘(i) documentary material and an-
swers to interrogatories shall be available 
for examination by the person who pro-
duced such material or answers, or by a 
representative of that person authorized by 
that person to examine such material and 
answers; and 
‘‘(ii) transcripts of oral testimony 
shall be available for examination by the 
person who produced such testimony, or by 
a representative of that person authorized 
by that person to examine such transcripts. 
‘‘(3) USE OF MATERIAL, ANSWERS, OR TRAN-
SCRIPTS IN OTHER PROCEEDINGS.—Whenever any 
attorney of the Department of Justice has been des-
ignated to appear before any court, grand jury, or 
Federal agency in any case or proceeding, the custo-
dian of any documentary material, answers to inter-
rogatories, or transcripts of oral testimony received 
under this section may deliver to such attorney such 
material, answers, or transcripts for official use in 
connection with any such case or proceeding as such 
attorney determines to be required. Upon the com-
pletion of any such case or proceeding, such attorney 
shall return to the custodian any such material, an-
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swers, or transcripts so delivered which have not 
passed into the control of such court, grand jury, or 
agency through the introduction thereof into the 
record of such case or proceeding. 
‘‘(4) CONDITIONS
FOR
RETURN
OF
MATE-
RIAL.—If any documentary material has been pro-
duced by any person in the course of any investiga-
tion pursuant to a civil investigative demand under 
this section, and— 
‘‘(A) any case or proceeding before the 
court or grand jury arising out of such inves-
tigation, or any proceeding before any Federal 
agency involving such material, has been com-
pleted; or 
‘‘(B) no case or proceeding in which such 
material may be used has been commenced 
within a reasonable time after completion of the 
examination and analysis of all documentary 
material and other information assembled in 
the course of such investigation, 
the custodian shall, upon written request of the per-
son who produced such material, return to such per-
son any such material (other than copies furnished 
to the investigator under subsection (g)(2) or made 
for the Department of Justice under paragraph 
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(2)(B)) which has not passed into the control of any 
court, grand jury, or agency through introduction 
into the record of such case or proceeding. 
‘‘(5) 
APPOINTMENT
OF
SUCCESSOR 
CUSTODIANS.— 
‘‘(A) IN GENERAL.—In the event of the 
death, disability, or separation from service in 
the Department of Justice of the custodian of 
any documentary material, answers to interrog-
atories, or transcripts of oral testimony pro-
duced pursuant to a civil investigative demand 
under this section, or in the event of the official 
relief of such custodian from responsibility for 
the custody and control of such material, an-
swers, or transcripts, the Attorney General or 
the Attorney General’s designee in accordance 
with this Act shall promptly— 
‘‘(i) designate another investigator to 
serve as custodian of such material, an-
swers, or transcripts; and 
‘‘(ii) transmit in writing to the person 
who produced such material, answers, or 
testimony notice of the identity and ad-
dress of the successor so designated. 
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‘‘(B) SUCCESSOR.—Any person who is des-
ignated to be a successor under this paragraph 
shall have, with regard to such material, an-
swers, or transcripts, the same duties and re-
sponsibilities as were imposed by this section 
upon that person’s predecessor in office, except 
that the successor shall not be held responsible 
for any default or dereliction which occurred be-
fore that designation. 
‘‘(k) JUDICIAL PROCEEDINGS.— 
‘‘(1) PETITION FOR ENFORCEMENT.—Whenever 
any person fails to comply with any civil investiga-
tive demand issued under subsection (a), or when-
ever satisfactory copying or reproduction of any ma-
terial requested in such demand cannot be done and 
such person refuses to surrender such material, the 
Attorney General may file, in the district court of 
the United States for any judicial district in which 
such person resides, is found, or transacts business, 
and serve upon such person a petition for an order 
of such court for the enforcement of the civil inves-
tigative demand. 
‘‘(2) PETITION TO MODIFY OR SET ASIDE DE-
MAND.— 
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‘‘(A) IN GENERAL.—Any person who has 
received a civil investigative demand issued 
under subsection (a) may file, in the district 
court of the United States for the judicial dis-
trict within which such person resides, is found, 
or transacts business, and serve upon the inves-
tigator identified in such demand a petition for 
an order of the court to modify or set aside 
such demand. In the case of a petition ad-
dressed to an express demand for any product 
of discovery, a petition to modify or set aside 
such demand may be brought only in the dis-
trict court of the United States for the judicial 
district in which the proceeding in which such 
discovery was obtained is or was last pending. 
Any petition under this subparagraph must be 
filed— 
‘‘(i) within 20 days after the date of 
service of the civil investigative demand, or 
at any time before the return date speci-
fied in the demand, whichever date is ear-
lier; or 
‘‘(ii) within such longer period as may 
be prescribed in writing by any investigator 
identified in the demand. 
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‘‘(B) GROUNDS FOR RELIEF.—The petition 
shall specify each ground upon which the peti-
tioner relies in seeking relief under subpara-
graph (A), and may be based upon any failure 
of the demand to comply with the provisions of 
this section or upon any constitutional or other 
legal right or privilege of such person. During 
the pendency of the petition in the court, the 
court may stay, as it deems proper, the running 
of the time allowed for compliance with the de-
mand, in whole or in part, except that the per-
son filing the petition shall comply with any 
portions of the demand not sought to be modi-
fied or set aside. 
‘‘(3) PETITION TO MODIFY OR SET ASIDE DE-
MAND FOR PRODUCT OF DISCOVERY.— 
‘‘(A) IN
GENERAL.—In the case of any 
civil investigative demand issued under sub-
section (a) which is an express demand for any 
product of discovery, the person from whom 
such discovery was obtained may file, in the dis-
trict court of the United States for the judicial 
district in which the proceeding in which such 
discovery was obtained is or was last pending, 
and serve upon any investigator identified in 
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the demand and upon the recipient of the de-
mand, a petition for an order of such court to 
modify or set aside those portions of the de-
mand requiring production of any such product 
of discovery. Any petition under this subpara-
graph must be filed— 
‘‘(i) within 20 days after the date of 
service of the civil investigative demand, or 
at any time before the return date speci-
fied in the demand, whichever date is ear-
lier; or 
‘‘(ii) within such longer period as may 
be prescribed in writing by any investigator 
identified in the demand. 
‘‘(B) GROUNDS FOR RELIEF.—The petition 
shall specify each ground upon which the peti-
tioner relies in seeking relief under subpara-
graph (A), and may be based upon any failure 
of the portions of the demand from which relief 
is sought to comply with the provisions of this 
section, or upon any constitutional or other 
legal right or privilege of the petitioner. During 
the pendency of the petition, the court may 
stay, as it deems proper, compliance with the 
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demand and the running of the time allowed for 
compliance with the demand. 
‘‘(4) PETITION TO REQUIRE PERFORMANCE BY 
CUSTODIAN OF DUTIES.—At any time during which 
any custodian is in custody or control of any docu-
mentary material or answers to interrogatories pro-
duced, or transcripts of oral testimony given, by any 
person in compliance with any civil investigative de-
mand issued under subsection (a), such person, and 
in the case of an express demand for any product of 
discovery, the person from whom such discovery was 
obtained, may file, in the district court of the United 
States for the judicial district within which the office 
of such custodian is situated, and serve upon such 
custodian, a petition for an order of such court to 
require the performance by the custodian of any 
duty imposed upon the custodian by this section. 
‘‘(5) JURISDICTION.—Whenever any petition is 
filed in any district court of the United States under 
this subsection, such court shall have jurisdiction to 
hear and determine the matter so presented, and to 
enter such order or orders as may be required to 
carry out the provisions of this section. Any final 
order so entered shall be subject to appeal under 
section 1291 of title 28, United States Code. Any 
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disobedience of any final order entered under this 
section by any court shall be punished as a contempt 
of the court. 
‘‘(6) APPLICABILITY
OF
FEDERAL
RULES
OF 
CIVIL PROCEDURE.—The Federal Rules of Civil Pro-
cedure shall apply to any petition under this sub-
section, to the extent that such rules are not incon-
sistent with the provisions of this section. 
‘‘(l) DISCLOSURE EXEMPTION.—Any documentary 
material, answers to written interrogatories, or oral testi-
mony provided under any civil investigative demand issued 
under subsection (a) shall be exempt from disclosure 
under section 552 of title 5, United States Code, as de-
scribed in subsection (b)(3) of such section. 
‘‘(m) DEFINITIONS.—In this section— 
‘‘(1) the term ‘custodian’ means the custodian, 
or any deputy custodian, designated by the Attorney 
General under subsection (j)(1); 
‘‘(2) the term ‘documentary material’ includes 
the original or any copy of any book, record, report, 
memorandum, paper, communication, tabulation, 
chart, or other document, or data compilations 
stored in or accessible through computer or other in-
formation retrieval systems, together with instruc-
tions and all other materials necessary to use or in-
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terpret such data compilations, and any product of 
discovery; 
‘‘(3) the term ‘investigation’ means any inquiry 
conducted for the purpose of ascertaining whether 
any person is or has been engaged in any violation 
of this Act; 
‘‘(4) the term ‘investigator’ means any attorney 
or investigator employed by the Department of Jus-
tice who is charged with the duty of enforcing or 
carrying into effect this Act, or any officer or em-
ployee of the United States acting under the direc-
tion and supervision of such attorney or investigator 
in connection with an investigation; 
‘‘(5) the term ‘official use’ means any use that 
is consistent with the law, and the regulations and 
policies of the Department of Justice, including use 
in connection with internal Department of Justice 
memoranda and reports; communications between 
the Department of Justice and a Federal, State, or 
local government agency, or a contractor of a Fed-
eral, State, or local government agency, undertaken 
in furtherance of a Department of Justice investiga-
tion or prosecution of a case; oral examinations; 
depositions; preparation for and response to civil dis-
covery requests; introduction into the record of a 
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case or proceeding; applications, motions, memo-
randa and briefs submitted to a court or other tri-
bunal; and communications with Government inves-
tigators, auditors, consultants and experts, the coun-
sel of other parties, arbitrators and mediators, con-
cerning an investigation, case or proceeding; and 
‘‘(6) the term ‘product of discovery’ includes— 
‘‘(A) the original or duplicate of any depo-
sition, interrogatory, document, thing, result of 
the inspection of land or other property, exam-
ination, or admission, which is obtained by any 
method of discovery in any judicial or adminis-
trative proceeding of an adversarial nature; 
‘‘(B) any digest, analysis, selection, com-
pilation, or derivation of any item listed in sub-
paragraph (A); and 
‘‘(C) any index or other manner of access 
to any item listed in subparagraph (A). 
‘‘(n) SUNSET.—The authority of the Attorney Gen-
eral to issue a civil investigative demand under this section 
shall expire upon the expiration of the 5-year period which 
begins on the date of the enactment of this section.’’. 
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SEC. 206. FOREIGN AGENTS REGISTRATION CIVIL EN-
FORCEMENT. 
Section 8 of the Foreign Agents Registration Act of 
1938 (22 U.S.C. 618) is amended by adding at the end 
the following: 
‘‘(i) CIVIL ENFORCEMENT.— 
‘‘(1) CIVIL PENALTIES.— 
‘‘(A) REGISTRATION STATEMENTS.— 
‘‘(i) IN GENERAL.—Any person who is 
required to register under this Act and 
fails to file a timely or complete registra-
tion statement required under section 2(a) 
shall be subject to a civil fine of not more 
than $10,000 for each violation, without 
regard to the state of mind of the person. 
‘‘(ii) NO
FINES
PAID
BY
FOREIGN 
PRINCIPALS.—If a person is subject to a 
civil fine under clause (i), the civil fine 
may not be paid, directly or indirectly, by 
a foreign principal. 
‘‘(B) SUPPLEMENTS.—Any person who is 
required to file a supplement to a registration 
statement under section 2(b) and fails to file a 
timely or complete supplement required under 
that section shall be subject to a civil fine of 
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not more than $1,000 for each violation, with-
out regard to the state of mind of the person. 
‘‘(C) FAILURE TO REMEDY DEFICIENT FIL-
INGS.—Any person who is required to file a reg-
istration statement under this Act, receives no-
tice under subsection (g) that the registration 
statement filed by the person is deficient, and 
knowingly fails to remedy the deficiency within 
60 days after receiving the notice shall, upon 
proof by a preponderance of the evidence of 
such knowing failure to remedy the deficiency, 
be subject to a civil fine of not more than 
$200,000, depending on the extent and gravity 
of the violation. 
‘‘(D) OTHER
VIOLATIONS.—Any person 
who knowingly fails to comply with any other 
provision of this Act shall, upon proof by a pre-
ponderance of the evidence of such knowing 
failure to comply, be subject to a civil fine of 
not more than $200,000, depending on the ex-
tent and gravity of the violation. 
‘‘(2) USE OF FINES.—All fines collected under 
this subsection shall be used to defray the cost of 
enforcing this Act.’’. 
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SEC. 207. AUTHORIZING IMPOSITION AND COLLECTION OF 
REGISTRATION FEES. 
(a) AUTHORIZATION.—The Foreign Agents Registra-
tion Act of 1938 (22 U.S.C. 611 et seq.), as amended by 
section 205, is further amended by adding at the end the 
following new section: 
‘‘SEC. 16. FEES. 
‘‘The Attorney General shall establish and collect a 
registration fee, as part of the initial filing requirement 
and at no other time, to help defray the expenses of the 
Registration Unit, and shall credit such fees to this appro-
priation, to remain available until expended.’’. 
(b) CONFORMING AMENDMENT TO REPEAL EXIST-
ING AUTHORITY.—The Department of Justice and Re-
lated Agencies Appropriations Act, 1993 (title I of Public 
Law 102–395) is amended, under the heading ‘‘SALARIES 
AND EXPENSES, GENERAL LEGAL ACTIVITIES’’, by striking 
‘‘In addition, notwithstanding 31 U.S.C. 3302, for fiscal 
year 1993 and thereafter, the Attorney General shall es-
tablish and collect fees to recover necessary expenses of 
the Registration Unit (to include salaries, supplies, equip-
ment and training) pursuant to the Foreign Agents Reg-
istration Act, and shall credit such fees to this appropria-
tion, to remain available until expended.’’. 
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SEC. 208. ESTABLISHMENT OF FARA INVESTIGATION AND 
ENFORCEMENT UNIT WITHIN DEPARTMENT 
OF JUSTICE. 
Section 8 of the Foreign Agents Registration Act of 
1938, as amended (22 U.S.C. 618), as amended by section 
206, is further amended by adding at the end the following 
new subsection: 
‘‘(j) DEDICATED ENFORCEMENT UNIT.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of this subsection, 
the Attorney General shall establish a unit within 
the counterespionage section of the National Secu-
rity Division of the Department of Justice with re-
sponsibility for the enforcement of this Act. 
‘‘(2) POWERS.—The unit established under this 
subsection is authorized to— 
‘‘(A) take appropriate legal action against 
individuals suspected of violating this Act; and 
‘‘(B) coordinate any such legal action with 
the United States Attorney for the relevant ju-
risdiction. 
‘‘(3) CONSULTATION.—In operating the unit es-
tablished under this subsection, the Attorney Gen-
eral shall, as appropriate, consult with the Director 
of National Intelligence, the Secretary of Homeland 
Security, and the Secretary of State. 
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‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
the activities of the unit established under this sub-
section $10,000,000 for fiscal year 2021 and each 
succeeding fiscal year.’’. 
SEC. 209. COMPREHENSIVE STRATEGY TO IMPROVE EN-
FORCEMENT AND ADMINISTRATION. 
(a) IMPLEMENTATION
OF STRATEGY.—Not later 
than 120 days after the date of the enactment of this Act, 
the Attorney General shall promulgate final regulations 
for the implementation of a comprehensive strategy to im-
prove the enforcement and administration of the Foreign 
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) 
that addresses the following issues: 
(1) The coordination and integration of the 
work of the agencies that perform investigations of 
alleged violations of the Act and bring actions (in-
cluding criminal prosecutions) to enforce the Act 
with the overall national security efforts of the De-
partment of Justice. 
(2) An assessment of the appropriateness of the 
exemptions provided under the Act that permit per-
sons who represent the interests of foreign principals 
to avoid registering under the Act. 
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(3) A formal cost-benefit analysis of the appro-
priateness of the fee structure under the Act. 
(4) An assessment of the value of making advi-
sory opinions under the Act available in whole as an 
informational resource. 
(b) REVIEW BY INSPECTOR GENERAL; REPORTS TO 
CONGRESS.— 
(1) REVIEW.—The Inspector General of the De-
partment of Justice shall carry out a review of— 
(A) the extent to which the Attorney Gen-
eral has implemented the comprehensive strat-
egy described in subsection (a); and 
(B) the usage, effectiveness, and any po-
tential abuse of the authority granted to the At-
torney General by this Act to issue civil inves-
tigative demands. 
(2) REPORTS
TO
CONGRESS.—The Inspector 
General of the Department of Justice shall submit 
a report to the appropriate committees of Congress 
on the results of the review carried out under para-
graph (1) not later than 1 year after the date upon 
which the comprehensive strategy described in sub-
section (a) is implemented by the Attorney General. 
(c) ANNUAL REPORTS
TO CONGRESS.—Not later 
than 1 year after the date of the enactment of this Act, 
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and annually thereafter, the Attorney General, in con-
sultation with the Assistant Attorney General for National 
Security, shall submit a report to the appropriate commit-
tees of Congress detailing the usage over the preceding 
year of the authority granted to the Attorney General by 
this Act and the amendments made by this title to issue 
civil investigative demands, including— 
(1) the number of civil investigative demands 
issued; 
(2) a description of the nature of the conduct 
constituting the alleged violation of the Foreign 
Agents Registration Act of 1938 (22 U.S.C. 611 et 
seq.) which was under investigation and the provi-
sion alleged to be violated; 
(3) a description of the nature of the documen-
tary materials, interrogatories, or oral testimony 
sought by the civil investigative demand; 
(4) the number of times the Attorney General 
filed in a district court of the United States a peti-
tion for an order for the enforcement of a civil inves-
tigative demand and a detailed description of the cir-
cumstances that led the Attorney General to seek 
such an order; 
(5) a description of the results of civil investiga-
tive demands issued, including whether the Attorney 
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General subsequently filed charges for an alleged 
violation of the Foreign Agents Registration Act of 
1938 (22 U.S.C. 611 et seq.), regardless of whether 
such charges were filed against the recipient of the 
civil investigative demand or another legal entity or 
natural person; and 
(6) any other information regarding the use of 
such authority that the Attorney General deems rel-
evant. 
(d) ENSURING ELECTRONIC ACCESS TO REPORTS 
THROUGH SEARCHABLE WEBSITE.— 
(1) REPORT
TO
CONGRESS.—The Attorney 
General, in consultation with the Assistant Attorney 
General for National Security, shall include in the 
second annual report submitted to the appropriate 
committees of Congress under subsection (c) a de-
tailed description of methods to ensure that reports 
filed under the Foreign Agents Registration Act are 
filed electronically in a digitized format which will 
enable the Foreign Agents Registration Unit website 
database to be fully searchable, machine-readable, 
sortable, and downloadable. 
(2) IMPLEMENTATION.—After submitting the 
report containing the information described in para-
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