I 
115TH CONGRESS 
2D SESSION 
H. R. 6249 
To amend the Federal Election Campaign Act of 1971 to treat certain 
foreign-owned corporations and business organizations as foreign nation-
als for purposes of the ban on campaign activity, to prohibit foreign- 
affiliated section 501(c)(4) organizations from making contributions to 
super PACs or disbursing funds for independent expenditures or election-
eering communications, to amend the Foreign Agents Registration Act 
of 1938 to reform the procedures for the registration of agents of 
foreign principals under such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2018 
Ms. KAPTUR (for herself, Mr. RASKIN, Ms. JAYAPAL, Mr. CARSON of Indiana, 
Ms. NORTON, Mr. POCAN, Ms. SHEA-PORTER, Mr. DEUTCH, Mr. JONES, 
Mr. RYAN of Ohio, Ms. MAXINE WATERS of California, Mr. MCNERNEY, 
and Ms. PINGREE) introduced the following bill; which was referred to 
the Committee on the Judiciary, and in addition to the Committee on 
House Administration, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Election Campaign Act of 1971 to 
treat certain foreign-owned corporations and business or-
ganizations as foreign nationals for purposes of the ban 
on campaign activity, to prohibit foreign-affiliated section 
501(c)(4) organizations from making contributions to 
super PACs or disbursing funds for independent expendi-
tures or electioneering communications, to amend the 
Foreign Agents Registration Act of 1938 to reform the 
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procedures for the registration of agents of foreign prin-
cipals under such Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Repelling Encroachment by Foreigners into U.S. Elec-
tions Act’’ or the ‘‘REFUSE Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RESTRICT FOREIGN AND DARK MONEY IN ELECTIONS 
Sec. 101. Treatment of certain foreign-owned corporations and associations as 
foreign nationals for purposes of ban on campaign activity. 
Sec. 102. Prohibiting foreign-affiliated section 501(c)(4) organizations from 
making certain election-related disbursements. 
Sec. 103. Activities subject to ban. 
Sec. 104. Requiring certain candidates to report contributions by lobbyists rep-
resenting foreign clients. 
Sec. 105. Effective date. 
TITLE II—REFORM OF FOREIGN AGENTS REGISTRATION ACT OF 
1938 
Sec. 201. Repealing exemption from registration under Foreign Agents Reg-
istration Act of 1938 for persons filing disclosure reports under 
Lobbying Disclosure Act of 1995. 
Sec. 202. Conditions for exemption for persons providing legal representation. 
Sec. 203. Filing and labeling of political propaganda. 
Sec. 204. Treatment of informational materials. 
Sec. 205. Promoting enforcement of registration requirements for foreign 
agents by authorizing Attorney General to issue civil investiga-
tive demands. 
Sec. 206. Authorizing imposition and collection of registration fees. 
Sec. 207. Comprehensive strategy to improve enforcement and administration. 
Sec. 208. Analysis by Government Accountability Office. 
Sec. 209. Definition. 
Sec. 210. Effective date. 
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TITLE 
I—RESTRICT 
FOREIGN 
AND DARK MONEY IN ELEC-
TIONS 
SEC. 101. TREATMENT OF CERTAIN FOREIGN-OWNED COR-
PORATIONS AND ASSOCIATIONS AS FOREIGN 
NATIONALS FOR PURPOSES OF BAN ON CAM-
PAIGN ACTIVITY. 
Section 319(b) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30121(b)) is amended to read as fol-
lows: 
‘‘(b) DEFINITION.— 
‘‘(1) IN GENERAL.—As used in this section, the 
term ‘foreign national’ means— 
‘‘(A) an individual who is not a citizen of 
the United States or a national of the United 
States, as defined in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(22)), and who is not lawfully admitted 
for permanent residence, as defined by section 
101(a)(20) of such Act (8 U.S.C. 1101(a)(20); 
‘‘(B) a person outside of the United 
States, unless it is established that such person 
is an individual who is a citizen of the United 
States, or that such person is not an individual 
and is organized under or created by the laws 
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of the United States or of any State or other 
place subject to the jurisdiction of the United 
States and has its principal place of business 
within the United States; 
‘‘(C) a government of a foreign country or 
an official of the government of a foreign coun-
try, as defined in section 1(e) of the Foreign 
Agents Registration Act of 1938 (22 U.S.C. 
611(e)), a foreign political party, as defined in 
section 1(f) of such Act (22 U.S.C. 611(f)), or 
a corporation principally owned or controlled by 
the government of a foreign country or an offi-
cial of the government of a foreign country, in-
cluding a separate segregated fund of such a 
corporation under section 316; 
‘‘(D) a corporation (other than a corpora-
tion described in subparagraph (C)), partner-
ship, association, organization, or other com-
bination of persons organized under the laws of 
or having its principal place of business in a 
foreign country, including a separate segregated 
fund of such a corporation under section 316; 
‘‘(E) a corporation in which one or more 
foreign nationals described in subparagraph (C) 
holds, owns, controls, or otherwise has directly 
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or indirectly acquired beneficial ownership of 
equity or voting shares in an aggregate amount 
equal to or greater than 5 percent of total eq-
uity or outstanding voting shares (as deter-
mined by excluding any equity or shares owned 
by a mutual fund), including a separate seg-
regated fund of such a corporation under sec-
tion 316; or 
‘‘(F) a corporation in which one or more 
foreign nationals (other than those described in 
subparagraph (C)) holds, owns, controls, or oth-
erwise has directly or indirectly acquired bene-
ficial ownership of equity or voting shares in an 
aggregate amount equal to or greater than 20 
percent of total equity or outstanding voting 
shares (as determined by excluding any equity 
or shares owned by a mutual fund), including 
a separate segregated fund of such a corpora-
tion. 
‘‘(2) USE OF QUARTERLY SEC REPORTS.—In 
the case of a corporation which is required to file 
quarterly reports with the Securities and Exchange 
Commission under section 13 of the Securities Ex-
change Act of 1934 (15 U.S.C. 78m), the deter-
mination as to whether a corporation is described in 
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subparagraph (D), (E), or (F) shall be based on the 
most recent such report.’’. 
SEC. 102. PROHIBITING FOREIGN-AFFILIATED SECTION 
501(c)(4) ORGANIZATIONS FROM MAKING CER-
TAIN ELECTION-RELATED DISBURSEMENTS. 
Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 325. PROHIBITION ON CERTAIN ELECTION-RELATED 
DISBURSEMENTS 
BY 
FOREIGN-AFFILIATED 
SECTION 501(c)(4) ORGANIZATIONS. 
‘‘(a) PROHIBITION.—It is unlawful for a foreign-af-
filiated section 501(c)(4) organization to make an election- 
related disbursement described in subsection (b). 
‘‘(b) 
ELECTION-RELATED
DISBURSEMENT
DE-
SCRIBED.—An election-related disbursement described in 
this subsection is any of the following: 
‘‘(1) A contribution to a super PAC. 
‘‘(2) An independent expenditure. 
‘‘(3) The disbursement of funds for the dissemi-
nation of an electioneering communication. 
‘‘(c) DEFINITION OF FOREIGN-AFFILIATED SECTION 
501(c)(4) ORGANIZATION.—In this section, a ‘foreign-af-
filiated section 501(c)(4) organization’ is a section 
501(c)(4) organization with respect to which— 
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‘‘(1) the term ‘electioneering communication’ 
has the meaning given such term in section 
304(f)(3); 
‘‘(2) the term ‘section 501(c)(4) organization’ 
means an organization described in section 501(c)(4) 
of the Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of such Code; 
and 
‘‘(3) term ‘super PAC’ means a political com-
mittee which accepts donations or contributions that 
do not comply with the limitations and prohibitions 
of this Act (or has an account which is established 
for the purpose of accepting such donations or con-
tributions) and which makes only independent ex-
penditures (or has an account which is established 
for the purpose of making only independent expendi-
tures).’’. 
SEC. 103. ACTIVITIES SUBJECT TO BAN. 
(a) CONTRIBUTIONS AND DONATIONS IN CONNEC-
TION WITH BALLOT INITIATIVES AND REFERENDA.— 
Section 319(a)(1)(A) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by 
striking ‘‘election;’’ and inserting the following: ‘‘election, 
including a State or local ballot initiative or referendum;’’. 
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(b) COVERAGE OF CERTAIN ELECTION-RELATED AC-
TIVITIES.—Section 319 of such Act (52 U.S.C. 30121) is 
amended by adding at the end the following new sub-
section: 
‘‘(c) A foreign national shall not direct, dictate, con-
trol, or directly or indirectly participate in the decision-
making process of any person with regard to such person’s 
Federal or non-Federal election-related activities, such as 
decisions concerning the making of contributions or ex-
penditures in connection with elections for any local, 
State, or Federal office or decisions concerning the admin-
istration of a political committee.’’. 
SEC. 104. REQUIRING CERTAIN CANDIDATES TO REPORT 
CONTRIBUTIONS BY LOBBYISTS REPRESENT-
ING FOREIGN CLIENTS. 
Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104) is amended by adding at the 
end the following new subsection: 
‘‘(j) SPECIAL REPORTS BY CANDIDATES RECEIVING 
CONTRIBUTIONS FROM LOBBYISTS REPRESENTING FOR-
EIGN CLIENTS.— 
‘‘(1) REQUIREMENT TO REPORT.—If an author-
ized committee of a candidate described in para-
graph (3) receives a contribution from a registered 
lobbyist under the Lobbying Disclosure Act of 1995 
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(2 U.S.C. 1601 et seq.) who had a covered foreign 
lobbying contact with the candidate during the 6- 
month period which ends on the date the committee 
receives the contribution, or who has a covered for-
eign lobbying contact with the candidate during the 
6-month period which begins on the date the com-
mittee receives the contribution, the committee shall 
file a report with the Commission which discloses the 
identification of the lobbyist, the amount of the con-
tribution, and a description of the lobbying contact. 
‘‘(2) DEADLINE.—A committee shall file the re-
port required under paragraph (1)— 
‘‘(A) in the case of a covered foreign lob-
bying contact described in subparagraph (A) of 
paragraph (4), not later than 10 days after the 
date on which the committee receives the con-
tribution; or 
‘‘(B) in the case of a covered foreign lob-
bying contact described in subparagraph (B) of 
paragraph (4), not later than 10 days after the 
date on which the registered lobbyist had a cov-
ered foreign lobbying contact with the can-
didate. 
‘‘(3) CANDIDATES
DESCRIBED.—A candidate 
described in this paragraph is a candidate who, dur-
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ing either of the 6-month periods described in para-
graph (1), is treated as a covered legislative branch 
official or a covered executive branch official for pur-
poses of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1601 et seq.). 
‘‘(4) COVERED FOREIGN LOBBYING CONTACT.— 
In this subsection, a ‘covered foreign lobbying con-
tact’ is, with respect to a contribution received by an 
authorized committee of a candidate, a lobbying con-
tact under the Lobbying Disclosure Act of 1995 
which is made with the candidate on behalf of a for-
eign entity— 
‘‘(A) during the 6-month period which 
ends on the date the committee receives the 
contribution; or 
‘‘(B) during the 6-month period which be-
gins on the date the committee receives the con-
tribution.’’. 
SEC. 105. EFFECTIVE DATE. 
The amendments made by this title shall apply with 
respect to elections occurring after December 2018. 
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TITLE II—REFORM OF FOREIGN 
AGENTS REGISTRATION ACT 
OF 1938 
SEC. 201. 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 
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1995 (2 U.S.C. 1601 et seq.), after the agent files the 
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. 202. CONDITIONS FOR EXEMPTION FOR PERSONS 
PROVIDING LEGAL REPRESENTATION. 
Section 3(g) of the Foreign Agents Registration Act 
of 1938 (22 U.S.C. 613(g)) is amended by adding at the 
end the following: ‘‘A person may be exempt under this 
subsection only if the person files with the Attorney Gen-
eral a request for such exemption and the Attorney Gen-
eral approves the request.’’. 
SEC. 203. FILING AND LABELING OF POLITICAL PROPA-
GANDA. 
Section 4 of the Foreign Agents Registration Act of 
1938 (22 U.S.C. 614) is amended— 
(1) in subsection (a), by striking ‘‘or circulated 
among two or more persons’’ and inserting ‘‘to any 
other person’’; and 
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(2) by adding at the end the following: 
‘‘(g) ADDITIONAL INFORMATION REQUIRED WITH 
FILING.—It shall be unlawful for any person within the 
United States who is an agent of a foreign principal and 
required to register under the provisions of this Act to 
transmit or cause to be transmitted in the United States 
mails or by any means or instrumentality of interstate or 
foreign commerce any informational materials for or in the 
interests of such foreign principal without filing with the 
Attorney General a statement that includes— 
‘‘(1) the name of each original recipient of the 
materials; and 
‘‘(2) the original date on which the materials 
will be distributed.’’. 
SEC. 204. TREATMENT OF INFORMATIONAL MATERIALS. 
(a) DEFINITION.—Section 1 of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 611) is amended— 
(1) in subsection (c), in the matter preceding 
paragraph (1), by striking ‘‘Expect’’ and inserting 
‘‘Except’’; and 
(2) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) The term ‘informational materials’ means any 
oral, visual, graphic, written, or pictorial information or 
matter of any kind, including matter published by means 
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of advertising, books, periodicals, newspapers, lectures, 
broadcasts, motion pictures, social media, or any means 
or instrumentality of interstate or foreign commerce or 
otherwise.’’. 
(b) CONFORMING AMENDMENT RELATING TO FILING 
OF INFORMATIONAL MATERIALS WITH ATTORNEY GEN-
ERAL.—Section 4(a) of such Act (22 U.S.C. 614(a)) is 
amended by striking ‘‘or foreign commerce’’ and inserting 
‘‘or foreign commerce, including electronic mail and social 
media,’’. 
(c) WAIVER OF FILING REQUIREMENT FOR UNRE-
LATED MATERIALS.—Section 4(a) of such Act (22 U.S.C. 
614(a)) is amended— 
(1) by striking ‘‘Every person’’ and inserting 
‘‘(1) Every person’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Paragraph (1) does not apply with respect to 
any informational material which is disseminated by an 
agent of a foreign principal as part of an activity that is 
exempt from registration under this Act, or as part of an 
activity which by itself would not require registration 
under this Act.’’. 
(d) INCLUSION OF IDENTIFICATION STATEMENTS.— 
Section 4(b) of such Act (22 U.S.C. 614(b)) is amended— 
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(1) by striking ‘‘It shall’’ and inserting ‘‘(1) 
Except as provided in paragraph (2), it shall’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) An agent of a foreign principal may omit the 
statement required under paragraph (1) in individual mes-
sages, posts, or transmissions on social media with respect 
to a foreign principal if the social media account or profile 
from which the information is sent includes a conspicuous 
statement that— 
‘‘(A) the account is operated by, and distributes 
information on behalf of, the agent; and 
‘‘(B) additional information about the account 
is on file with the Department of Justice in Wash-
ington, District of Columbia.’’. 
SEC. 205. PROMOTING ENFORCEMENT OF REGISTRATION 
REQUIREMENTS FOR FOREIGN AGENTS BY 
AUTHORIZING ATTORNEY GENERAL TO ISSUE 
CIVIL INVESTIGATIVE DEMANDS. 
The Foreign Agents Registration Act of 1938 (22 
U.S.C. 611 et seq.) is amended by redesignating sections 
12 through 14 as sections 13 through 15 and by inserting 
after section 11 the following new section: 
‘‘SEC. 12. CIVIL INVESTIGATIVE DEMANDS. 
‘‘(a) AUTHORITY OF ATTORNEY GENERAL.— 
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‘‘(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 
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. 
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‘‘(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.— 
‘‘(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 
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‘‘(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; 
‘‘(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 
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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 
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 
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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. 
‘‘(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-
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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-
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 
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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 
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 
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‘‘(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-
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. 
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‘‘(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 
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 
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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 
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 
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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 
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 
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taking of testimony by any means authorized by, 
and in a manner consistent with, the Federal Rules 
of Civil Procedure. 
‘‘(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-
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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 
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. 
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‘‘(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 
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-
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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 
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 
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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. 
‘‘(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-
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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 
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. 
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‘‘(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— 
‘‘(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 
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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-
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, 
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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 
(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 
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‘‘(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. 
‘‘(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 
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of such court for the enforcement of the civil inves-
tigative demand. 
‘‘(2) PETITION TO MODIFY OR SET ASIDE DE-
MAND.— 
‘‘(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-
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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 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 
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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 
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 
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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 
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 
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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 
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, 
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pbinns on DSK79D2C42PROD with BILLS
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-
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 
VerDate Sep 11 2014 
22:34 Jul 06, 2018
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H6249
pbinns on DSK79D2C42PROD with BILLS