[Congressional Record Volume 163, Number 176 (Tuesday, October 31, 2017)]
[Senate]
[Pages S6925-S6929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. GRASSLEY:
S. 2039. A bill to amend the Foreign Agents Registration Act of 1938
to promote greater transparency in the registration of persons serving
as the agents of foreign principals, to provide the Attorney General
with greater authority to investigate alleged violations of such Act
and bring criminal and civil actions against persons who commit such
violations, and for other purposes; to the Committee on Foreign
Relations.
[[Page S6926]]
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2039
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disclosing Foreign Influence
Act''.
SEC. 2. REPEALING EXEMPTION FROM REGISTRATION UNDER FOREIGN
AGENTS REGISTRATION ACT OF 1938 FOR PERSONS
FILING DISCLOSURE REPORTS UNDER LOBBYING
DISCLOSURE ACT OF 1995.
(a) Repeal of Exemption.--Section 3 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 613) is amended by
striking subsection (h).
(b) Timing of Filing of Registration Statements.--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 inserting ``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 Persons 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 first registration required under
subsection (a) in connection with the agent's representation
of such person or entity, the agent shall file all subsequent
statements required under this section at the same time, and
in the same frequency, 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 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 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 possession, custody, or control of any
documentary material, 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 inspection 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 investigative demand
is an express demand for any product of discovery, the
Attorney General or designee shall cause to be served, in any
manner authorized 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 designate any individual other than
the Assistant Attorney General for National Security or a
Deputy Attorney 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 constituting 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 documentary 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 reproduction; and
``(iii) identify the custodian to whom such material shall
be made available;
``(C) if such demand is for answers to written
interrogatories--
``(i) set forth with specificity the written
interrogatories to be answered;
``(ii) prescribe dates at which time answers 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 commenced;
``(ii) identify an investigator who shall conduct the
examination and the custodian to whom the transcript of such
examination 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 the primary areas of inquiry, which will be taken
pursuant to the demand.
``(2) Product of discovery.--Any civil investigative 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 commencement of
oral testimony pursuant to a civil investigative 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 Attorney General or the Attorney General's
designee determines 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 requests otherwise or unless the
Attorney General, after investigation, notifies that person
in writing that an additional demand for oral testimony is
necessary.
``(c) Protected Material or Information.--
``(1) In general.--A civil investigative demand 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 disclosure 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 investigation; or
``(B) the standards applicable to discovery requests under
the Federal Rules of Civil Procedure, to the extent that the
application of such standards to any such demand is
appropriate 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 demand 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 express demand does not constitute a waiver of any
right or privilege, including without limitation any right or
privilege which may be invoked to resist discovery of trial
preparation materials, to which the person making such
disclosure may be entitled.
``(d) Service; Jurisdiction.--
``(1) By whom served.--Any civil investigative 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
District 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 investigative
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, executive 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, corporation, 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, corporation, 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 receipt requested, duly
addressed to such partnership, corporation, association, or
entity at its principal office or place of business.
[[Page S6927]]
``(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 receipt 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
certified 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 investigative 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 required
by the demand and in the possession, custody, 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 identified in such demand at the principal place
of business 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 such demand, or on such later
date as the investigator 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 responsible for answering each
interrogatory.
``(2) Contents of certificates.--The certificate 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 reasons
set forth with particularity regarding the reasons why the
information was not furnished.
``(3) Objections.--If any interrogatory is objected to, the
reasons for the objection shall be stated 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 direction 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.
``(2) Persons present.--The investigator conducting the
examination shall exclude from the place where the
examination is held all persons except 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 testimony, 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 investigative demand served
under this section shall be taken in the judicial district of
the United States within which such person resides, is found,
or transacts business, or in such other place as may be
agreed upon by the investigator conducting the examination
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 afford the witness (who may be
accompanied by counsel) 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 officer or the
investigator with a statement of the reasons 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 transcript is not signed by the witness within 30 days
after being afforded a reasonable opportunity to examine it,
the officer or the investigator shall sign it and state on
the record the fact of the waiver, illness, absence of the
witness, or the refusal to sign, together with the reason, if
any, given therefor.
``(5) Certification and delivery to custodian.--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 witness, 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 transcript 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 investigative 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 object 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-
incrimination. Such person may not otherwise object 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 question.
``(B) Compelled testimony.--If such person refuses to
answer any question on the grounds of the privilege against
self-incrimination, the testimony of such person may be
compelled 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 investigative 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.
``(2) Responsibility for materials; disclosure.--
``(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 transcripts
and shall be responsible for the use made of them and for the
return of documentary material under paragraph (4).
``(B) Preparation.--The custodian may cause the preparation
of such copies of such documentary material, answers to
interrogatories, 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 transcripts may be used by any such
authorized investigator or other officer or employee in
connection with the taking of oral testimony under this
section.
``(C) No examination.--Except as otherwise provided in this
subsection, no documentary 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 authorized 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
[[Page S6928]]
such material, consent is given by the person from whom the
discovery was obtained. Nothing in this subparagraph is
intended to prevent disclosure to the Congress, including any
committee or subcommittee of the Congress, or to any other
agency of the United States for use by such agency in
furtherance of its statutory responsibilities.
``(D) Examination by certain persons.--While in the
possession of the custodian and under such reasonable terms
and conditions as the Attorney General shall prescribe--
``(i) documentary material and answers to interrogatories
shall be available for examination by the person who produced
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 transcripts in other
proceedings.--Whenever any attorney of the Department of
Justice has been designated to appear before any court, grand
jury, or Federal agency in any case or proceeding, the
custodian of any documentary material, answers to
interrogatories, 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 completion of any such
case or proceeding, such attorney shall return to the
custodian any such material, answers, 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 material.--If any
documentary material has been produced by any person in the
course of any investigation 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 investigation, or any proceeding before
any Federal agency involving such material, has been
completed, 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 person who
produced such material, return to such person 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
interrogatories, or transcripts of oral testimony produced
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,
answers, 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, answers, or transcripts; and
``(ii) transmit in writing to the person who produced such
material, answers, or testimony notice of the identity and
address of the successor so designated.
``(B) Successor.--Any person who is designated to be a
successor under this paragraph shall have, with regard to
such material, answers, or transcripts, the same duties and
responsibilities 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 before that designation.
``(k) Judicial Proceedings.--
``(1) Petition for enforcement.--Whenever any person fails
to comply with any civil investigative demand issued under
subsection (a), or whenever satisfactory copying or
reproduction of any material 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 investigative demand.
``(2) Petition to modify or set aside demand.--
``(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
district within which such person resides, is found, or
transacts business, and serve upon the investigator
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 addressed to an express demand for any product of
discovery, a petition to modify or set aside such demand may
be brought only in the district 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
specified in the demand, whichever date is earlier, 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 petitioner relies in seeking relief
under subparagraph (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 demand, in whole or
in part, except that the person filing the petition shall
comply with any portions of the demand not sought to be
modified or set aside.
``(3) Petition to modify or set aside demand for product of
discovery.--
``(A) In general.--In the case of any civil investigative
demand issued under subsection (a) which is 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 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 demand, a petition
for an order of such court to modify or set aside those
portions of the demand requiring production of any such
product of discovery. 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
specified in the demand, whichever date is earlier, 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 petitioner relies in seeking relief
under subparagraph (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 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 documentary material or answers to
interrogatories produced, or transcripts of oral testimony
given, by any person in compliance with any civil
investigative demand 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
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 Procedure shall apply to any
petition under this subsection, to the extent that such rules
are not inconsistent with the provisions of this section.
``(l) Disclosure Exemption.--Any documentary material,
answers to written interrogatories, or oral testimony
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 described 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 information retrieval systems, together with
instructions and all other materials necessary to use or
interpret 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 Justice who is
charged with the duty of enforcing or carrying into effect
this Act, or any officer or employee of the United
[[Page S6929]]
States acting under the direction 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 Federal, State, or local government agency, undertaken
in furtherance of a Department of Justice investigation or
prosecution of a case; oral examinations; depositions;
preparation for and response to civil discovery requests;
introduction into the record of a case or proceeding;
applications, motions, memoranda and briefs submitted to a
court or other tribunal; and communications with Government
investigators, auditors, consultants and experts, the counsel
of other parties, arbitrators and mediators, concerning an
investigation, case or proceeding; and
``(6) the term `product of discovery' includes--
``(A) the original or duplicate of any deposition,
interrogatory, document, thing, result of the inspection of
land or other property, examination, or admission, which is
obtained by any method of discovery in any judicial or
administrative proceeding of an adversarial nature;
``(B) any digest, analysis, selection, compilation, or
derivation of any item listed in subparagraph (A); and
``(C) any index or other manner of access to any item
listed in subparagraph (A).
``(n) Sunset.--The authority of the Attorney General 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.''.
SEC. 4. COMPREHENSIVE STRATEGY TO IMPROVE ENFORCEMENT AND
ADMINISTRATION.
(a) Development of Strategy.--The Attorney General shall
develop and implement a comprehensive strategy to improve 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 (including criminal prosecutions)
to enforce the Act with the overall national security efforts
of the Department of Justice.
(2) An assessment of the appropriateness of the exemptions
provided under the Act that permit persons who represent the
interests of foreign principals to avoid registering under
the Act.
(3) A formal cost-benefit analysis of the appropriateness
of the fee structure under the Act.
(4) An assessment of the value of making advisory 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 Department of
Justice shall carry out a regular, ongoing review of--
(A) the extent to which the Attorney General has developed
and implemented the comprehensive strategy described in
subsection (a); and
(B) the usage, effectiveness, and any potential abuse of
the authority granted to the Attorney General by this Act to
issue civil investigative 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 paragraph (1) not later than 1 year
after the date of enactment of this Act and annually
thereafter.
SEC. 5. ANALYSIS BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) carry out an analysis of the effectiveness of the
enforcement and administration of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611 et seq.), including
the extent to which the amendments made by this Act have
improved the enforcement and administration of such Act, and
taking into account the comprehensive strategy developed and
implemented under section 4; and
(2) submit the analysis to the Attorney General, the
Inspector General of the Department of Justice, and the
appropriate committees of Congress.
SEC. 6. DEFINITION.
In this Act, the term ``appropriate committees of
Congress'' means--
(1) the Committees on the Judiciary and Foreign Relations
of the Senate; and
(2) the Committee on the Judiciary of the House of
Representatives.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days
after the date of the enactment of this Act.
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