Page:United States Statutes at Large Volume 100 Part 4.djvu/238

 100 STAT. 3166

PUBLIC LAW 99-562—OCT. 27, 1986 control of any court, grand jury, or agency through introduction into the record of such case or proceeding. "(5) APPOINTMENT OF SUCCESSOR CUSTODIANS.—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 shall promptly— "(A) designate another false claims law investigator to serve as custodian of such material, answers, or transcripts,

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"(B) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated. 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 that person's predecessor in office, except that the successor shall not be held responsible for any default or dereliction which occurred before that designation,

"(j) 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)

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 within which such person resides, is found, or transacts business, and serve upon the false claims law 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 ort.< - 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 wi,! writing by any false claims law investigator identified in the demand. "(B) 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 t? legal right or privilege of such person. During the pendency of

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