Sec. 304. Issuance and service of civil investigative demands by Attorney General
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/bill/113/s/6/is/section-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4323 of title 38, United States Code, is amended— by redesignating subsection
(i)as subsection (j); and by inserting after subsection
(h)the following new subsection (i): Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring— the production of such documentary material for inspection and copying; that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or the production of any combination of such documentary material or answers. The provisions of section 3733 of title 31 governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733— references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter; references to interrogatories shall be considered references to written questions, and answers to such need not be under oath; the definitions relating to false claims law shall not apply; and provisions relating to qui tam relators shall not apply. . Subsection
(i)of such section, as added by subsection (a)(2), shall take effect on the date of the enactment of this Act and shall apply with respect to violations of chapter 43 of such title alleged to have occurred on or after such date. Section 4332(b)(2) of such title is amended— by striking Not later than and inserting the following: Not later than ; and by adding at the end the following new subparagraph: The Attorney General shall include with each report submitted under subparagraph
(A)for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) of this title during the most recently completed fiscal year. Each report submitted under clause
(i)shall include the following for the fiscal year covered by the report: The number of times that a civil investigative demand was issued under section 4323(i) of this title. For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment. .