No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1488 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1488
To amend the Foreign Agents Registration Act of 1938, as amended, to
clarify the exemption relating to commercial activities, to grant the
Attorney General authority to issue civil investigative demands under
that Act, and to create civil penalties for failure to meet the
registration requirements under that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2025
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Foreign Agents Registration Act of 1938, as amended, to
clarify the exemption relating to commercial activities, to grant the
Attorney General authority to issue civil investigative demands under
that Act, and to create civil penalties for failure to meet the
registration requirements under that Act, and for other purposes.
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 ``Sovereign Wealth Fund Transparency
Act''.
SEC. 2. CLARIFICATION OF COMMERCIAL EXEMPTION.
Section 3 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 613), is amended, in the matter preceding subsection
(a), by inserting ``, except that the exemptions under paragraphs (1)
and (2) of subsection (d) shall not apply to any agent of a foreign
principal whose activities promote the public or political interests of
a government of a foreign country or a foreign political party
(including any and all activities undertaken on behalf of a sovereign
wealth fund)'' before the colon at the end.
SEC. 3. AUTHORIZING THE ATTORNEY GENERAL TO ISSUE CIVIL INVESTIGATIVE
DEMANDS TO PROMOTE ENFORCEMENT OF DISCLOSURE REQUIREMENTS
FOR AGENTS OF FOREIGN PRINCIPALS.
(a) Civil Investigative Demands Concerning Registration of Agents
of Foreign Principals.--The Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.) is amended--
(1) by redesignating sections 9 through 14 as sections 10
through 15; and
(2) by inserting after section 8 the following:
``SEC. 9. CIVIL INVESTIGATIVE DEMANDS CONCERNING REGISTRATION OF AGENTS
OF FOREIGN PRINCIPALS.
``(a) Authority of the 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 that 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 that 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 that 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 that 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 1 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 that 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.
``(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
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 that 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) of this subsection) that 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 the predecessor in office of that
person, except that the successor shall not be held
responsible for any default or dereliction that
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 in 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) that
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
in 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 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 that begins on the date of enactment of
this section.''.
(b) Annual Reports by the Attorney General.--
(1) Definitions.--For purposes of this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committees on the Judiciary and
Foreign Relations of the Senate; and
(ii) the Committee on the Judiciary of the
House of Representatives.
(B) Documentary material; investigation.--The terms
``documentary material'' and ``investigation'' have the
meanings given those terms in section 9 of the Foreign
Agents Registration Act of 1938, as added by subsection
(a) of this section.
(C) Foreign agents registration act of 1938.--The
term ``Foreign Agents Registration Act of 1938'' means
the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 611 et seq.).
(D) Foreign principal.--The term ``foreign
principal'' has the meaning given the term in section 1
of the Foreign Agents Registration Act of 1938 (22
U.S.C. 611).
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Attorney
General, in consultation with the Assistant Attorney General
for National Security, shall submit a report to the appropriate
committees of Congress detailing the usage, during the year
preceding the date on which the report is submitted, of the
authority granted to the Attorney General to issue civil
investigative demands under section 9 of the Foreign Agents
Registration Act of 1938, as added by subsection (a) of this
section, including, with respect to the year for which the
report is submitted--
(A) the number of civil investigative demands
issued by the Attorney General;
(B) with respect to each civil investigative demand
issued by the Attorney General, a description of--
(i) the nature of the conduct constituting
the alleged violation of the Foreign Agents
Registration Act of 1938 that was under
investigation;
(ii) the provision of that Act alleged to
have been violated;
(iii) the nature of any documentary
material, answers to interrogatories, or oral
testimony sought through the civil
investigative demand; and
(iv) a description of the results of the
civil investigative demand, including whether,
after the Attorney General issued the civil
investigative demand and as a result of the
civil investigative demand, the Attorney
General filed charges against any person
relating to an alleged violation of that Act,
regardless of whether the charges were filed
against the person to whom the civil
investigative demand was issued;
(C) with respect to petitions for orders for the
enforcement of civil investigative demands under
section 9(k)(1) of the Foreign Agents Registration Act
of 1938--
(i) the number of petitions that the
Attorney General filed in district courts of
the United States; and
(ii) with respect to each petition, a
detailed description of the circumstances that
led the Attorney General to file the petition;
(D) the number of registrations filed pursuant to
the Foreign Agents Registration Act of 1938 and the
name of each such registrant; and
(E) any other information relating to the use of
such authority that the Attorney General determines to
be relevant.
(3) Interests of uncharged third parties.--In preparing
each report under paragraph (2), with respect to reporting
information described in clauses (i) and (ii) of paragraph
(2)(B), the Attorney General shall give due regard to
protecting the interests of uncharged third parties.
SEC. 4. FOREIGN AGENTS REGISTRATION CIVIL ENFORCEMENT.
Section 8 of the Foreign Agents Registration Act of 1938, as
amended (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 registration
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 not more than $1,000 for each
violation, without regard to the state of mind of the
person.
``(C) Failure to remedy deficient filings.--Any
person who is required to file a registration statement
under this Act, receives notice 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 preponderance of the evidence of
such knowing failure to comply, be subject to a civil
fine of not more than $200,000, depending on the extent
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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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