
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC3733]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                           CHAPTER 37--CLAIMS
 
       SUBCHAPTER III--CLAIMS AGAINST THE UNITED STATES GOVERNMENT
 
Sec. 3733. Civil investigative demands

    (a) In General.--
        (1) Issuance and service.--Whenever the Attorney General has 
    reason to believe that any person may be in possession, custody, or 
    control of any documentary material or information relevant to a 
    false claims law investigation, the Attorney General may, before 
    commencing a civil proceeding under section 3730 or other false 
    claims law, issue in writing and cause to be served upon such 
    person, a civil investigative demand requiring such person--
            (A) to produce such documentary material for inspection and 
        copying,
            (B) to answer in writing written interrogatories with 
        respect to such documentary material or information,
            (C) to give oral testimony concerning such documentary 
        material or information, or
            (D) to furnish any combination of such material, answers, or 
        testimony.

    The Attorney General may not delegate the authority 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 
    from whom the discovery was obtained and shall notify the person to 
    whom such demand is issued of the date on which such copy was 
    served.
        (2) Contents and deadlines.--
            (A) Each civil investigative demand issued under paragraph 
        (1) shall state the nature of the conduct constituting the 
        alleged violation of a false claims 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, the demand shall--
                (i) describe each class of documentary material to be 
            produced with such definiteness and certainty as to permit 
            such material 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 so demanded may be assembled and made available for 
            inspection and copying; and
                (iii) identify the false claims law investigator to whom 
            such material 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 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 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.--
        (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 not constitute a waiver of 
    any right or privilege which the person making such disclosure may 
    be entitled to invoke to resist discovery of trial preparation 
    materials.

    (c) Service; Jurisdiction.--
        (1) By whom served.--Any civil investigative demand issued under 
    subsection (a) may be served by a false claims 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) may be served upon any person 
    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 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 that such court would have if such person 
    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) or of any petition filed under 
    subsection (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 by--
            (A) delivering an executed copy of such demand or petition 
        to the person; 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 at the 
        person'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) or any 
petition filed under subsection (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 
    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, the person to whom the 
        demand is directed, or
            (B) in the case of a person other than a natural person, a 
        person having knowledge of the facts and circumstances relating 
        to such production and authorized to act on behalf of such 
        person.

    The certificate shall state that all of the documentary material 
    required by the demand and in the possession, custody, or control of 
    the person to whom the demand is directed has been produced and made 
    available to the false claims law investigator identified in the 
    demand.
        (2) Production of materials.--Any person upon whom any civil 
    investigative demand for the production of documentary material has 
    been served under this section shall make such material available 
    for inspection and copying to the false claims law investigator 
    identified in such demand at the principal place of business of such 
    person, or at such other place as the false claims law investigator 
    and the person thereafter may agree and prescribe in writing, or as 
    the court may direct under subsection (j)(1). Such material shall be 
    made so available on the return date specified in such demand, or on 
    such later date as the false claims law investigator may prescribe 
    in writing. Such person may, upon written agreement between the 
    person and the false claims law investigator, substitute copies for 
    originals of all or any part of such material.

    (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, the person to whom the 
    demand is directed, or
        (2) in the case of a person other than a natural person, the 
    person or persons 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 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 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 law investigator 
    conducting the examination shall exclude from the place where the 
    examination is held all persons except the person giving the 
    testimony, the attorney for and any other representative of the 
    person giving the testimony, the attorney for the Government, any 
    person who may be agreed upon by the attorney for the Government and 
    the person 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 
    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 resides, is found, or transacts business, 
    or in such other place as may be agreed upon by the false claims law 
    investigator conducting the examination and such person.
        (4) Transcript of testimony.--When the testimony is fully 
    transcribed, the false claims 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 law investigator, with a 
    statement 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 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 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 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 compelled to 
    appear for oral testimony under a civil investigative demand issued 
    under subsection (a) may be accompanied, represented, and advised by 
    counsel. Counsel may advise such person, in confidence, with respect 
    to any question asked of such person. Such person 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 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 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 refuses to answer any 
    question, a petition may be filed in the district court of the 
    United States under subsection (j)(1) for an order compelling such 
    person to answer such question.
        (B) If such person refuses to answer any question on the grounds 
    of the privilege against self-incrimination, the testimony of such 
    person may be compelled in accordance with the provisions of part V 
    of title 18.
        (8) Witness fees and allowances.--Any person appearing for oral 
    testimony under a civil investigative demand issued under subsection 
    (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 law investigator to serve as custodian of documentary 
    material, answers to interrogatories, and transcripts of oral 
    testimony received under this section, and shall designate such 
    additional false claims 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 law investigator who receives any documentary material, 
    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, answers, or 
    transcripts and shall be responsible for the use made of them and 
    for the return of documentary material under paragraph (4).
        (B) The custodian may cause the preparation of such copies of 
    such documentary material, answers to interrogatories, or 
    transcripts of oral testimony as may be required for official use by 
    any false claims law investigator, or other officer or employee of 
    the Department of Justice, who is authorized for such use under 
    regulations which the Attorney General shall issue. Such material, 
    answers, and transcripts may be used by any such authorized false 
    claims 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, 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 law investigator or other officer or 
    employee of the Department of Justice authorized under subparagraph 
    (B). The prohibition in the preceding sentence on the availability 
    of material, answers, or transcripts shall not apply if consent is 
    given by the person who produced such material, answers, or 
    transcripts, or, in the case of any product of discovery produced 
    pursuant to an express demand for such material, consent is given by 
    the person 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. 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.
        (D) While in the possession of the custodian and under such 
    reasonable terms and conditions as the Attorney General shall 
    prescribe--
            (i) documentary material and answers to interrogatories 
        shall be available for examination by the person who produced 
        such material or answers, or by a representative of that person 
        authorized by that person to examine such material and answers; 
        and
            (ii) transcripts of oral testimony shall be available for 
        examination by the person who produced such testimony, or by a 
        representative of that person authorized by that person 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, answers to interrogatories, or transcripts of oral 
    testimony received under this section may deliver to such attorney 
    such material, 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, 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 has been produced by any person in the course of any false 
    claims 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, has been completed, or
            (B) no case or proceeding in which such material may be used 
        has been commenced within a reasonable time after completion of 
        the examination and analysis of all documentary material and 
        other information assembled in the course of such investigation,

    the custodian shall, upon written request of the person who produced 
    such material, return to such person any such material (other than 
    copies furnished to the false claims law investigator under 
    subsection (f)(2) or made for the Department of Justice under 
    paragraph (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, 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, and
            (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 
        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 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 legal 
    right or privilege of such person. 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 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) which is an express demand for any product of 
    discovery, the person 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 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 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 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 or answers to interrogatories produced, or 
    transcripts of oral testimony given, by any person in compliance 
    with any civil investigative demand issued under subsection (a), 
    such person, and in the case of an express demand for any product of 
    discovery, the person 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. 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, answers to 
written interrogatories, or oral testimony provided under any civil 
investigative demand issued under subsection (a) shall be exempt from 
disclosure under section 552 of title 5.
    (l) Definitions.--For purposes of this section--
        (1) the term ``false claims law'' means--
            (A) this section and sections 3729 through 3732; 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 against, bribery of, or 
        corruption of any officer or employee of the United States;

        (2) the term ``false claims law investigation'' means any 
    inquiry conducted by any false claims law investigator for the 
    purpose of ascertaining whether any person is or has been engaged in 
    any violation of a false claims law;
        (3) the term ``false claims 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 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 law investigation;
        (4) the term ``person'' means any natural person, partnership, 
    corporation, association, or other legal entity, including any State 
    or political subdivision of a State;
        (5) the term ``documentary material'' 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 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); and
        (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); and
            (C) any index or other manner of access to any item listed 
        in subparagraph (A).

(Added Pub. L. 99-562, Sec. 6(a), Oct. 27, 1986, 100 Stat. 3159.)

                       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.

                  Section Referred to in Other Sections

    This section is referred to in title 15 sections 637, 657a; title 20 
section 1078-9; title 42 section 1395i.
