---
kind: "section"
citation: "31 U.S.C. § 3733"
title: "31"
title_heading: "Money and Finance"
number: "3733"
heading: "Civil investigative demands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/31/3733"
units:
  - "Subtitle III — Financial Management"
  - "Chapter 37 — Claims"
  - "Subchapter III — Claims Against the United States Government"
---

# §3733. Civil investigative demands

- (a) **In General.—**
  - (1) **Issuance and service.—** Whenever the Attorney General, or a designee (for purposes of this section), has reason to believe that any [person](/usc/31/3701.md?p=c) may be in possession, custody, or control of any documentary [material](/usc/31/3801.md?p=a-10) or information relevant to a false [claims](/usc/31/3701.md?p=b-1) law investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under [section 3730(a)](/usc/31/3730.md?p=a) or other false [claims](/usc/31/3701.md?p=b-1) law, or making an election under [section 3730(b)](/usc/31/3730.md?p=b), issue in writing and cause to be served upon such [person](/usc/31/3701.md?p=c), a civil investigative demand requiring such [person](/usc/31/3701.md?p=c)—
    - (A) to produce such documentary [material](/usc/31/3801.md?p=a-10) for inspection and copying,
    - (B) to answer in writing written interrogatories with respect to such documentary [material](/usc/31/3801.md?p=a-10) or information,
    - (C) to give oral testimony concerning such documentary [material](/usc/31/3801.md?p=a-10) or information, or
    - (D) to furnish any combination of such [material](/usc/31/3801.md?p=a-10), answers, or testimony.

    The Attorney General may delegate the [authority](/usc/31/3801.md?p=a-1) to issue civil investigative demands under this subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this section, a copy of such demand upon the [person](/usc/31/3701.md?p=c) from whom the discovery was obtained and shall notify the [person](/usc/31/3701.md?p=c) to whom such demand is issued of the date on which such copy was served. Any information obtained by the Attorney General or a designee of the Attorney General under this section may be shared with any qui tam relator if the Attorney General or designee determine it is necessary as part of any false claims act[^1] investigation.

  - (2) **Contents and deadlines.—**
    - (A) Each civil investigative demand issued under [paragraph (1)](#a-1) shall state the nature of the conduct constituting the alleged violation of a false [claims](/usc/31/3701.md?p=b-1) law which is under investigation, and the applicable provision of law alleged to be violated.
    - (B) If such demand is for the production of documentary [material](/usc/31/3801.md?p=a-10), the demand shall—
      - (i) describe each class of documentary [material](/usc/31/3801.md?p=a-10) to be produced with such definiteness and certainty as to permit such [material](/usc/31/3801.md?p=a-10) 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](/usc/31/3801.md?p=a-10) so demanded may be assembled and made available for inspection and copying; and
      - (iii) identify the false [claims](/usc/31/3701.md?p=b-1) law investigator to whom such [material](/usc/31/3801.md?p=a-10) shall be made available.
    - (C) If such demand is for answers to written interrogatories, the demand shall—
      - (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 false [claims](/usc/31/3701.md?p=b-1) law investigator to whom such answers shall be submitted.
    - (D) If such demand is for the giving of oral testimony, the demand shall—
      - (i) prescribe a date, time, and place at which oral testimony shall be commenced;
      - (ii) identify a false [claims](/usc/31/3701.md?p=b-1) 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](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) unless the [person](/usc/31/3701.md?p=c) requests otherwise or unless the Attorney General, after investigation, notifies that [person](/usc/31/3701.md?p=c) in writing that an additional demand for oral testimony is necessary.
- (b) **Protected Material or Information.—**
  - (1) **In general.—** A civil investigative demand issued under [subsection (a)](#a) may not require the production of any documentary [material](/usc/31/3801.md?p=a-10), the submission of any answers to written interrogatories, or the giving of any oral testimony if such [material](/usc/31/3801.md?p=a-10), 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](/usc/31/3701.md?p=c). Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege which the [person](/usc/31/3701.md?p=c) making such disclosure may be entitled to invoke to resist discovery of trial preparation [materials](/usc/31/3801.md?p=a-10).
- (c) **Service; Jurisdiction.—**
  - (1) **By whom served.—** Any civil investigative demand issued under [subsection (a)](#a) may be served by a false [claims](/usc/31/3701.md?p=b-1) law investigator, or by a United States marshal or a deputy marshal, at any place within the territorial jurisdiction of any court of the United States.
  - (2) **Service in foreign countries.—** Any such demand or any petition filed under [subsection (j)](#j) may be served upon any [person](/usc/31/3701.md?p=c) who is not 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](/usc/31/3701.md?p=c) 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 section by any such [person](/usc/31/3701.md?p=c) that such court would have if such [person](/usc/31/3701.md?p=c) were personally within the jurisdiction of such court.
- (d) **Service Upon Legal Entities and Natural Persons.—**
  - (1) **Legal entities.—** Service of any civil investigative demand issued under [subsection (a)](#a) or of any petition filed under [subsection (j)](#j) may be made upon a partnership, corporation, association, or other legal entity by—
    - (A) delivering an 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 authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity;
    - (B) delivering an executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity; 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, 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](/usc/31/3701.md?p=c) by—
    - (A) delivering an executed copy of such demand or petition to the [person](/usc/31/3701.md?p=c); 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, addressed to the [person](/usc/31/3701.md?p=c) at the [person](/usc/31/3701.md?p=c)’s residence or principal office or place of business.
- (e) **Proof of Service.—** A verified return by the individual serving any civil investigative demand issued under [subsection (a)](#a) or any petition filed under [subsection (j)](#j) 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.
- (f) **Documentary Material.—**
  - (1) **Sworn certificates.—** The production of documentary [material](/usc/31/3801.md?p=a-10) in response to a civil investigative demand served under 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](/usc/31/3701.md?p=c), the [person](/usc/31/3701.md?p=c) to whom the demand is directed, or
    - (B) in the case of a [person](/usc/31/3701.md?p=c) other than a natural [person](/usc/31/3701.md?p=c), a [person](/usc/31/3701.md?p=c) having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such [person](/usc/31/3701.md?p=c).

    The certificate shall state that all of the documentary [material](/usc/31/3801.md?p=a-10) required by the demand and in the possession, custody, or control of the [person](/usc/31/3701.md?p=c) to whom the demand is directed has been produced and made available to the false [claims](/usc/31/3701.md?p=b-1) law investigator identified in the demand.

  - (2) **Production of materials.—** Any [person](/usc/31/3701.md?p=c) upon whom any civil investigative demand for the production of documentary [material](/usc/31/3801.md?p=a-10) has been served under this section shall make such [material](/usc/31/3801.md?p=a-10) available for inspection and copying to the false [claims](/usc/31/3701.md?p=b-1) law investigator identified in such demand at the principal place of business of such [person](/usc/31/3701.md?p=c), or at such other place as the false [claims](/usc/31/3701.md?p=b-1) law investigator and the [person](/usc/31/3701.md?p=c) thereafter may agree and prescribe in writing, or as the court may direct under [subsection (j)(1)](#j-1). Such [material](/usc/31/3801.md?p=a-10) shall be made so available on the return date specified in such demand, or on such later date as the false [claims](/usc/31/3701.md?p=b-1) law investigator may prescribe in writing. Such [person](/usc/31/3701.md?p=c) may, upon written agreement between the [person](/usc/31/3701.md?p=c) and the false [claims](/usc/31/3701.md?p=b-1) law investigator, substitute copies for originals of all or any part of such [material](/usc/31/3801.md?p=a-10).
- (g) **Interrogatories.—** Each interrogatory in a civil investigative demand served under this section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by—
  - (1) in the case of a natural [person](/usc/31/3701.md?p=c), the [person](/usc/31/3701.md?p=c) to whom the demand is directed, or
  - (2) in the case of a [person](/usc/31/3701.md?p=c) other than a natural [person](/usc/31/3701.md?p=c), the [person](/usc/31/3701.md?p=c) or [persons](/usc/31/3701.md?p=c) responsible for answering each interrogatory.

  If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The certificate shall state that all information required by the demand and in the possession, custody, control, or knowledge of the [person](/usc/31/3701.md?p=c) 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.

- (h) **Oral Examinations.—**
  - (1) **Procedures.—** The examination of any [person](/usc/31/3701.md?p=c) 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 shall be 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 false [claims](/usc/31/3701.md?p=b-1) law investigator conducting the examination shall exclude from the place where the examination is held all [persons](/usc/31/3701.md?p=c) except the [person](/usc/31/3701.md?p=c) giving the testimony, the attorney for and any other representative of the [person](/usc/31/3701.md?p=c) giving the testimony, the attorney for the Government, any [person](/usc/31/3701.md?p=c) who may be agreed upon by the attorney for the Government and the [person](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) resides, is found, or transacts business, or in such other place as may be agreed upon by the false [claims](/usc/31/3701.md?p=b-1) law investigator conducting the examination and such [person](/usc/31/3701.md?p=c).
  - (4) **Transcript of testimony.—** When the testimony is fully transcribed, the false [claims](/usc/31/3701.md?p=b-1) law 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 false [claims](/usc/31/3701.md?p=b-1) law investigator, with a [statement](/usc/31/3801.md?p=a-9) 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 false [claims](/usc/31/3701.md?p=b-1) law 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 reasons, 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 sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or false [claims](/usc/31/3701.md?p=b-1) law investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian.
  - (6) **Furnishing or inspection of transcript by witness.—** Upon payment of reasonable charges therefor, the false [claims](/usc/31/3701.md?p=b-1) law investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, the Deputy Attorney General, or an Assistant Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness’ testimony.
  - (7) **Conduct of oral testimony.—**
    - (A) Any [person](/usc/31/3701.md?p=c) compelled to appear for oral testimony under a civil investigative demand issued under [subsection (a)](#a) may be accompanied, represented, and advised by counsel. Counsel may advise such [person](/usc/31/3701.md?p=c), in confidence, with respect to any question asked of such [person](/usc/31/3701.md?p=c). Such [person](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) refuses to answer any question, a petition may be filed in the district court of the United States under [subsection (j)(1)](#j-1) for an order compelling such [person](/usc/31/3701.md?p=c) to answer such question.
    - (B) If such [person](/usc/31/3701.md?p=c) refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such [person](/usc/31/3701.md?p=c) may be compelled in accordance with the provisions of part V of title 18.
  - (8) **Witness fees and allowances.—** Any [person](/usc/31/3701.md?p=c) appearing for oral testimony under a civil investigative demand issued under [subsection (a)](#a) shall be entitled to the same fees and allowances which are paid to witnesses in the district courts of the United States.
- (i) **Custodians of Documents, Answers, and Transcripts.—**
  - (1) **Designation.—** The Attorney General shall designate a false [claims](/usc/31/3701.md?p=b-1) law investigator to serve as custodian of documentary [material](/usc/31/3801.md?p=a-10), answers to interrogatories, and transcripts of oral testimony received under this section, and shall designate such additional false [claims](/usc/31/3701.md?p=b-1) law investigators as the Attorney General determines from time to time to be necessary to serve as deputies to the custodian.
  - (2) **Responsibility for materials; disclosure.—**
    - (A) A false [claims](/usc/31/3701.md?p=b-1) law investigator who receives any documentary [material](/usc/31/3801.md?p=a-10), 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](/usc/31/3801.md?p=a-10), answers, or transcripts and shall be responsible for the use made of them and for the return of documentary [material](/usc/31/3801.md?p=a-10) under [paragraph (4)](#i-4).
    - (B) The custodian may cause the preparation of such copies of such documentary [material](/usc/31/3801.md?p=a-10), answers to interrogatories, or transcripts of oral testimony as may be required for official use by any false [claims](/usc/31/3701.md?p=b-1) law investigator, or other officer or employee of the Department of Justice. Such [material](/usc/31/3801.md?p=a-10), answers, and transcripts may be used by any such authorized false [claims](/usc/31/3701.md?p=b-1) law investigator or other officer or employee in connection with the taking of oral testimony under this section.
    - (C) Except as otherwise provided in this subsection, no documentary [material](/usc/31/3801.md?p=a-10), 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 a false [claims](/usc/31/3701.md?p=b-1) law investigator or other officer or employee of the Department of Justice authorized under [subparagraph (B)](#i-2-B). The prohibition in the preceding sentence on the availability of [material](/usc/31/3801.md?p=a-10), answers, or transcripts shall not apply if consent is given by the [person](/usc/31/3701.md?p=c) who produced such [material](/usc/31/3801.md?p=a-10), answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such [material](/usc/31/3801.md?p=a-10), consent is given by the [person](/usc/31/3701.md?p=c) 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) While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe—
      - (i) documentary [material](/usc/31/3801.md?p=a-10) and answers to interrogatories shall be available for examination by the [person](/usc/31/3701.md?p=c) who produced such [material](/usc/31/3801.md?p=a-10) or answers, or by a representative of that [person](/usc/31/3701.md?p=c) authorized by that [person](/usc/31/3701.md?p=c) to examine such [material](/usc/31/3801.md?p=a-10) and answers; and
      - (ii) transcripts of oral testimony shall be available for examination by the [person](/usc/31/3701.md?p=c) who produced such testimony, or by a representative of that [person](/usc/31/3701.md?p=c) authorized by that [person](/usc/31/3701.md?p=c) 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](/usc/31/3801.md?p=a-10), answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such [material](/usc/31/3801.md?p=a-10), 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](/usc/31/3801.md?p=a-10), answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through introduction into the record of such case or proceeding.
  - (4) **Conditions for return of material.—** If any documentary [material](/usc/31/3801.md?p=a-10) has been produced by any [person](/usc/31/3701.md?p=c) in the course of any false [claims](/usc/31/3701.md?p=b-1) law 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](/usc/31/3801.md?p=a-10), has been completed, or
    - (B) no case or proceeding in which such [material](/usc/31/3801.md?p=a-10) may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary [material](/usc/31/3801.md?p=a-10) and other information assembled in the course of such investigation,

    the custodian shall, upon written request of the [person](/usc/31/3701.md?p=c) who produced such [material](/usc/31/3801.md?p=a-10), return to such [person](/usc/31/3701.md?p=c) any such [material](/usc/31/3801.md?p=a-10) (other than copies furnished to the false [claims](/usc/31/3701.md?p=b-1) law investigator under [subsection (f)(2)](#f-2) or made for the Department of Justice under [paragraph (2)(B)](#i-2-B)) which 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.—** In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary [material](/usc/31/3801.md?p=a-10), 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](/usc/31/3801.md?p=a-10), answers, or transcripts, the Attorney General shall promptly—
    - (A) designate another false [claims](/usc/31/3701.md?p=b-1) law investigator to serve as custodian of such [material](/usc/31/3801.md?p=a-10), answers, or transcripts, and
    - (B) transmit in writing to the [person](/usc/31/3701.md?p=c) who produced such [material](/usc/31/3801.md?p=a-10), answers, or testimony notice of the identity and address of the successor so designated.

    Any [person](/usc/31/3701.md?p=c) who is designated to be a successor under this paragraph shall have, with regard to such [material](/usc/31/3801.md?p=a-10), answers, or transcripts, the same duties and responsibilities as were imposed by this section upon that [person](/usc/31/3701.md?p=c)’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](/usc/31/3701.md?p=c) fails to comply with any civil investigative demand issued under [subsection (a)](#a), or whenever satisfactory copying or reproduction of any [material](/usc/31/3801.md?p=a-10) requested in such demand cannot be done and such [person](/usc/31/3701.md?p=c) refuses to surrender such [material](/usc/31/3801.md?p=a-10), the Attorney General may file, in the district court of the United States for any judicial district in which such [person](/usc/31/3701.md?p=c) resides, is found, or transacts business, and serve upon such [person](/usc/31/3701.md?p=c) 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](/usc/31/3701.md?p=c) who has received a civil investigative demand issued under [subsection (a)](#a) may file, in the district court of the United States for the judicial district within which such [person](/usc/31/3701.md?p=c) resides, is found, or transacts business, and serve upon the false [claims](/usc/31/3701.md?p=b-1) 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 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 false [claims](/usc/31/3701.md?p=b-1) law investigator identified in the demand.
    - (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under [subparagraph (A)](#j-2-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](/usc/31/3701.md?p=c). 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](/usc/31/3701.md?p=c) 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 the case of any civil investigative demand issued under [subsection (a)](#a) which is an express demand for any product of discovery, the [person](/usc/31/3701.md?p=c) 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 false [claims](/usc/31/3701.md?p=b-1) law 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 false [claims](/usc/31/3701.md?p=b-1) law investigator identified in the demand.
    - (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under [subparagraph (A)](#j-3-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](/usc/31/3801.md?p=a-10) or answers to interrogatories produced, or transcripts of oral testimony given, by any [person](/usc/31/3701.md?p=c) in compliance with any civil investigative demand issued under [subsection (a)](#a), such [person](/usc/31/3701.md?p=c), and in the case of an express demand for any product of discovery, the [person](/usc/31/3701.md?p=c) from whom such discovery was obtained, may file, in the district court of the United States for the judicial district within 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](/usc/28/1291.md). 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.
- (k) **Disclosure Exemption.—** Any documentary [material](/usc/31/3801.md?p=a-10), answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under [subsection (a)](#a) shall be exempt from disclosure under [section 552 of title 5](/usc/5/552.md).
- (l) **Definitions.—** For purposes of this section—
  - (1) the term “false [claims](/usc/31/3701.md?p=b-1) law” means—
    - (A) this section and sections [3729](/usc/31/3729.md) through [3732](/usc/31/3732.md); and
    - (B) any Act of Congress enacted after the date of the enactment of this section which prohibits, or makes available to the United States in any court of the United States any civil remedy with respect to, any false [claim](/usc/31/3701.md?p=b-1) against, bribery of, or corruption of any officer or employee of the United States;
  - (2) the term “false [claims](/usc/31/3701.md?p=b-1) law investigation” means any inquiry conducted by any false [claims](/usc/31/3701.md?p=b-1) law investigator for the purpose of ascertaining whether any [person](/usc/31/3701.md?p=c) is or has been engaged in any violation of a false [claims](/usc/31/3701.md?p=b-1) law;
  - (3) the term “false [claims](/usc/31/3701.md?p=b-1) law investigator” means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect any false [claims](/usc/31/3701.md?p=b-1) law, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with a false [claims](/usc/31/3701.md?p=b-1) law investigation;
  - (4) the term “[person](/usc/31/3701.md?p=c)” means any natural [person](/usc/31/3701.md?p=c), partnership, corporation, association, or other legal entity, including any State or political subdivision of a State;
  - (5) the term “documentary [material](/usc/31/3801.md?p=a-10)” 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](/usc/31/3801.md?p=a-10) necessary to use or interpret such data compilations, and any product of discovery;
  - (6) the term “custodian” means the custodian, or any deputy custodian, designated by the Attorney General under [subsection (i)(1)](#i-1);
  - (7) 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)](#l-7-A); and
    - (C) any index or other manner of access to any item listed in [subparagraph (A)](#l-7-A); and
  - (8) 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; interviews of any qui tam relator or other witness; 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.

## Footnotes

[^1]: So in original. Probably should be “law”.

## Source credit

(Added Pub. L. 99–562, § 6(a), Oct. 27, 1986, 100 Stat. 3159; amended Pub. L. 111–21, § 4(c), May 20, 2009, 123 Stat. 1623.)

## Notes

### Editorial Notes

### References in Text

The Federal Rules of Civil Procedure, referred to in subsecs. (b)(1)(B), (c)(2), (h)(1), and (j)(6), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The date of enactment of this section, referred to in subsec. (l)(1)(B), is the date of enactment of Pub. L. 99–562, which was approved Oct. 27, 1986.

### Amendments

2009—Subsec. (a)(1). Pub. L. 111–21, § 4(c)(1)(A), in introductory provisions, inserted “, or a designee (for purposes of this section),” after “Whenever the Attorney General” and substituted “the Attorney General, or a designee, may, before commencing a civil proceeding under section 3730(a) or other false claims law, or making an election under section 3730(b),” for “the Attorney General may, before commencing a civil proceeding under section 3730 or other false claims law,” and, in concluding provisions, substituted “may delegate” for “may not delegate” and inserted at end “Any information obtained by the Attorney General or a designee of the Attorney General under this section may be shared with any qui tam relator if the Attorney General or designee determine it is necessary as part of any false claims act investigation.”

Subsec. (a)(2)(G). Pub. L. 111–21, § 4(c)(1)(B), struck out at end “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.”

Subsec. (i)(2)(B). Pub. L. 111–21, § 4(c)(2)(A), struck out “, who is authorized for such use under regulations which the Attorney General shall issue” after “Justice”.

Subsec. (i)(2)(C). Pub. L. 111–21, § 4(c)(2)(B), struck out at end “Disclosure of information to any such other agency shall be allowed only upon application, made by the Attorney General to a United States district court, showing substantial need for the use of the information by such agency in furtherance of its statutory responsibilities.”

Subsec. (l)(8). Pub. L. 111–21, § 4(c)(3), added par. (8).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–21 effective May 20, 2009, and applicable to conduct on or after May 20, 2009, except that this section, as amended by Pub. L. 111–21, applicable to cases pending on May 20, 2009, see section 4(f) of Pub. L. 111–21, set out as a note under section 3729 of this title.