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Code · BILL · 117th Congress · S. 1724 (Introduced in Senate) — To amend the Foreign Agents Registration Act of 1938 to provide the Attorney General with greater authority to promot... · Sec. 5

Sec. 5. Comprehensive strategy to improve enforcement and administration

741 words·~3 min read·/bill/117/s/1724/is/section-5

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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: 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.
A formal cost-benefit analysis of the appropriateness of the fee structure under the Foreign Agents Registration Act of 1938. 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. Ensuring regular and ongoing proactive public access to advisory opinions as an informational and oversight resource.
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— the extent to which the Attorney General has developed and implemented the comprehensive strategy; and 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.
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— the number of civil investigative demands issued by the Attorney General; with respect to each civil investigative demand issued by the Attorney General, a description of— the nature of the conduct constituting the alleged violation of the Foreign Agents Registration Act of 1938 that was under investigation; the provision of that Act alleged to have been violated; the nature of any documentary material, answers to interrogatories, or oral testimony sought through the civil investigative demand; and 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; 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— the number of petitions that the Attorney General filed in district courts of the United States; and with respect to each petition, a detailed description of the circumstances that led the Attorney General to file the petition; and any other information relating to the use of such authority that the Attorney General determines to be relevant.
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. 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.
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Sec. 5
Comprehensive strategy to improve enforcement and administration
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