Sec. 402. Issuance and service of civil investigative demands by Attorney General under Servicemembers Civil Relief Act
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Section 801 of the Servicemembers Civil Relief Act ( 50 U.S.C. 4041 ) is amended by adding at the end the following: 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 Act, 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, United States Code, 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 Act; 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.
Not later than one year after the date of the enactment of the SCRA Enhancement and Improvement Act of 2016 and not less frequently than once each year thereafter, the Attorney General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the issuance of civil investigative demands under this subsection during the previous one-year period. Each report submitted under subparagraph
(A)shall include the following for the year covered by the report: The number of times that a civil investigative demand was issued under this subsection. For each civil investigative demand issued under this subsection with respect to an investigation, whether such investigation resulted in a settlement or conviction. . Subsection
(d)of such section, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to all violations of the Servicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq. ), regardless of when the violations are alleged to have occurred.
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Sec. 402
Issuance and service of civil investigative demands by Attorney General under Servicemembers Civil Relief Act
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