Foreign Agents Disclosure and Registration Enhancement Act of 2021
This bill provides the Department of Justice (DOJ) with a mechanism to demand evidence for investigating compliance with foreign-agent disclosure requirements and increases penalties relating to such requirements.
DOJ may issue civil investigative demands to a person who may have information relevant to an investigation related to the Foreign Agents Registration Act of 1938 (FARA). Such demands may be for documents, written answers to questions, or oral testimony. The bill prescribes various procedures and requirements, such as minimum notice periods when seeking oral testimony. Investigative demands may be enforced or challenged in district court.
Such investigative demands may not require the production of information that would be protected from disclosure under (1) the rules governing grand jury subpoenas, or (2) the Federal Rules of Civil Procedure to the extent the rules are consistent with this bill.
The bill increases the maximum criminal fine for certain FARA violations from $10,000 to $200,000. It shall be unlawful for an agent of a foreign principal to willfully fail to disclose being a FARA-registered agent before or during a meeting with a Member of Congress (or with staff of a Member or congressional committee).
The bill provides for various civil penalties for failing to meet agent registration requirements. The foreign principal of a penalized agent may not pay the imposed fines.
The Government Accountability Office shall (1) analyze the effectiveness of FARA enforcement, and (2) audit the exemption to the Lobbying Disclosure Act for FARA-registered agents.
To amend the Foreign Agents Registration Act of 1938 to provide the 
   Attorney General with greater authority to promote enforcement of 
disclosure requirements for agents of foreign principals, 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 ``Foreign Agents Disclosure and 
Registration Enhancement Act of 2021''.

SEC. 2. AUTHORIZING THE ATTORNEY GENERAL TO ISSUE CIVIL INVESTIGATIVE 
              DEMANDS TO PROMOTE ENFORCEMENT OF DISCLOSURE REQUIREMENTS 
              FOR AGENTS OF FOREIGN PRINCIPALS.

    The Foreign Agents Registration Act of 1938 (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 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 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.''.

SEC. 3. FOREIGN AGENTS REGISTRATION CRIMINAL ENFORCEMENT.

    (a) Increased Criminal Penalties.--Section 8 of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 618) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``$10,000'' and inserting 
                ``$200,000'';
                    (B) by striking ``five'' and inserting ``5'';
                    (C) by striking ``(g) or (h)'' and inserting ``(g), 
                (h), or (i)'';
                    (D) by striking ``$5,000'' and inserting 
                ``$15,000''; and
                    (E) by striking ``six'' and inserting ``6''; and
            (2) by adding at the end the following new subsection:
    ``(i) Congressional Notification.--
            ``(1) Offense.--It shall be unlawful for any agent of a 
        foreign principal registered under this Act to willfully fail 
        to disclose before or during any meeting with a Member of 
        Congress or a member of the staff of a Member or committee of 
        Congress that the agent of the foreign principal is registered 
        under this Act.
            ``(2) Definition.--In this subsection, the term `Member of 
        Congress' has the meaning given the term in section 3 of the 
        Lobbying and Disclosure Act of 1995 (2 U.S.C. 1602).''.

SEC. 4. FOREIGN AGENTS REGISTRATION CIVIL ENFORCEMENT.

    Section 8 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 
618), as amended by section 3 of this Act, is amended by adding at the 
end the following:
    ``(j) 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.''.

SEC. 5. COMPREHENSIVE STRATEGY TO IMPROVE ENFORCEMENT AND 
              ADMINISTRATION.

    (a) Development of Comprehensive Strategy.--Not later than 120 days 
after the date of enactment of this Act, 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.), as amended by this Act, that addresses 
the following issues:
            (1) The coordination and integration of the work of the 
        agencies that perform investigations and bring actions 
        (including criminal prosecutions) to enforce the Foreign Agents 
        Registration Act of 1938 with the overall national security 
        efforts of the Department of Justice.
            (2) A formal cost-benefit analysis of the appropriateness 
        of the fee structure under the Foreign Agents Registration Act 
        of 1938.
            (3) An assessment of the appropriateness of the exemptions 
        under section 3 of the Foreign Agents Registration Act of 1938 
        (22 U.S.C. 613) that permit persons who represent the interests 
        of foreign principals to avoid registering under that Act.
            (4) Ensuring regular and ongoing proactive public access to 
        advisory opinions as an informational and oversight resource.
    (b) Review and Report by the Inspector General.--Not later than 1 
year after the date on which the Attorney General implements the 
comprehensive strategy, the Inspector General of the Department of 
Justice shall carry out a review of and submit a report to the 
appropriate committees of Congress on--
            (1) the extent to which the Attorney General has developed 
        and implemented the comprehensive strategy; and
            (2) the usage, effectiveness, and any potential abuse 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 section 2 of this Act.
    (c) Annual Reports by the Attorney General.--
            (1) In general.--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 section 2 of this Act, 
        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; 
                        and
                    (D) any other information relating to the use of 
                such authority that the Attorney General determines to 
                be relevant.
            (2) Interests of uncharged third parties.--In preparing 
        each report under paragraph (1), with respect to reporting 
        information described in clauses (i) and (ii) of paragraph 
        (1)(B), the Attorney General shall give due regard to 
        protecting the interests of uncharged third parties.
    (d) Report Relating to Electronic Filing.--In the annual report 
submitted by the Attorney General under subsection (c) for the year 
that is 2 years after the date of enactment of this Act, the Attorney 
General, in consultation with the Assistant Attorney General for 
National Security, shall include information relating to steps that can 
be taken in order to permit electronic filing by registrants of all 
information required to be filed under the Foreign Agent Registration 
Act of 1938 (22 U.S.C. 611 et seq.) in order to convert the website 
database that contains that information and is maintained by the 
Foreign Agents Registration Unit of the Counterintelligence and Export 
Control Section in the National Security Division of the Department of 
Justice to a fully searchable, sortable, and downloadable format.

SEC. 6. ANALYSIS BY THE 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.), as amended by 
        this Act--
                    (A) including the extent to which the amendments 
                made by this Act have improved the enforcement and 
                administration of the Foreign Agents Registration Act 
                of 1938; and
                    (B) taking into consideration the comprehensive 
                strategy; and
            (2) submit the analysis carried out under paragraph (1) 
        to--
                    (A) the Attorney General;
                    (B) the Inspector General of the Department of 
                Justice; and
                    (C) the appropriate committees of Congress.

SEC. 7. AUDIT OF THE LOBBYING DISCLOSURE ACT EXEMPTION UNDER THE 
              FOREIGN AGENTS REGISTRATION ACT OF 1938.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States, in consultation with the 
Attorney General and the Inspector General of the Department of 
Justice, shall--
            (1) conduct a comprehensive audit of the use of the 
        Lobbying Disclosure Act exemption, which shall include, at 
        minimum, an examination of--
                    (A) whether the Lobbying Disclosure Act exemption 
                is operating as the Lobbying Disclosure Act exemption 
                was originally intended to operate;
                    (B) whether, since the date of enactment of the 
                Lobbying Disclosure Act of 1995, the Lobbying 
                Disclosure Act exemption has contributed to--
                            (i) a decline in the number of 
                        registrations filed under the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 et 
                        seq.); or
                            (ii) a decline in public awareness of the 
                        lobbying activities carried out on behalf of 
                        foreign principals; and
                    (C) whether the Lobbying Disclosure Act exemption 
                creates or increases opportunities for the knowing 
                misuse or abuse of, or the negligent failure to comply 
                with, Federal lobbying registration and disclosure 
                requirements;
            (2) develop policy recommendations to improve oversight of 
        and compliance with Federal lobbying registration and 
        disclosure requirements; and
            (3) submit a report to the appropriate committees of 
        Congress that contains--
                    (A) the results of the audit conducted under 
                paragraph (1); and
                    (B) the recommendations developed under paragraph 
                (2).

SEC. 8. DEFINITIONS.

    In this Act--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committees on the Judiciary and Foreign 
                Relations of the Senate; and
                    (B) the Committee on the Judiciary of the House of 
                Representatives;
            (2) the term ``comprehensive strategy'' means the 
        comprehensive strategy to improve the enforcement and 
        administration of the Foreign Agents Registration Act of 1938 
        (22 U.S.C. 611 et seq.) developed and implemented by the 
        Attorney General under section 5(a);
            (3) 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 section 2 of this Act;
            (4) 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.);
            (5) 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); and
            (6) the term ``Lobbying Disclosure Act exemption'' means 
        the exemption under section 3(h) of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 613(h)).

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date that 
is 180 days after the date of enactment of this Act.
                                 <all>
Foreign Agents Disclosure and Registration Enhancement Act of 2021
A bill to amend the Foreign Agents Registration Act of 1938 to provide the Attorney General with greater authority to promote enforcement of disclosure requirements for agents of foreign principals, and for other purposes.
Foreign Agents Disclosure and Registration Enhancement Act of 2021
Sen. Grassley, Chuck