Page:United States Statutes at Large Volume 100 Part 4.djvu/232

 100 STAT. 3160 ft- • -^ ^

PUBLIC LAW 99-562—OCT. 27, 1986

"(ii) identify a false claims law 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. ... "(E) Any civil investigative demand issued under this section which is an express demand for any product of . ^^, discovery shall not be returned or returnable until 20 days '^•'" after a copy of such demand has been served upon the person from whom the discovery was obtained. "(F) The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under this section shall be a date which is not less than seven days after the date on which demand is received, unless the Attorney General or an Assistant Attorney General designated by the Attorney General determines that exceptional circumstances are present which warrant the commencement of such testimony within a lesser period of time. "(G) The Attorney General shall not authorize the issuance under this section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary. The Attorney General may not, notwithstanding section 510 of title 28, authorize the performance, by any other officer, employee, or agency, of any function vested in the Attorney General under this subparagraph. "(b) PROTECTED MATERIAL OR INFORMATION.—

'^' ': 28 USC app.

.  (.;  if'

"(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 to aid in 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 section. "(2) EFFECT ON OTHER ORDERS, RULES, AND LAWS.—Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this section) 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

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