Sec. 2. Civil investigative demand authority
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The Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.) is amended— by redesignating sections 8, 9, 10, 11, 12, 13, and 14 as sections 9, 10, 11, 12, 13, 14, and 15, respectively; and by inserting after section 7 ( 22 U.S.C. 617 ) the following: Whenever the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary material relevant to an investigation under this Act, the Attorney General, before initiating a civil or criminal proceeding with respect to the production of such material, may serve a written demand upon such person to produce such material for examination.
Each such demand under this section shall— state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to such violation; describe the class or classes of documentary material required to be produced under such demand with such definiteness and certainty as to permit such material to be fairly identified; state that the demand is immediately returnable or prescribe a return date which will provide a reasonable period within which the material may be assembled and made available for inspection and copying or reproduction; and identify the custodian to whom such material shall be made available.
A demand under this section may not— contain any requirement that would be considered unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of grand jury investigation of such alleged violation; or require the production of any documentary evidence that would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged violation. .
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