‘‘(C) NO EXAMINATION.—Except as other-
wise provided in this subsection, no documen-
tary 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 an investigator or other officer or 
employee of the Department of Justice author-
ized 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 mate-
rial, consent is given by the person from whom 
the discovery was obtained. Nothing in this sub-
paragraph is intended to prevent disclosure to 
the Congress, including any committee or sub-
committee of the Congress, or to any other 
agency of the United States for use by such 
agency in furtherance of its statutory respon-
sibilities. 
‘‘(D) EXAMINATION
BY
CERTAIN
PER-
SONS.—While in the possession of the custodian 
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and under such reasonable terms and conditions 
as the Attorney General shall prescribe— 
‘‘(i) documentary material and an-
swers to interrogatories shall be available 
for examination by the person who pro-
duced 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 TRAN-
SCRIPTS IN OTHER PROCEEDINGS.—Whenever any 
attorney of the Department of Justice has been des-
ignated to appear before any court, grand jury, or 
Federal agency in any case or proceeding, the custo-
dian of any documentary material, answers to inter-
rogatories, 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 com-
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pletion of any such case or proceeding, such attorney 
shall return to the custodian any such material, an-
swers, or transcripts so delivered which have not 
passed into the control of such court, grand jury, or 
agency through the introduction thereof into the 
record of such case or proceeding. 
‘‘(4) CONDITIONS
FOR
RETURN
OF
MATE-
RIAL.—If any documentary material has been pro-
duced by any person in the course of any investiga-
tion 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 inves-
tigation, or any proceeding before any Federal 
agency involving such material, has been com-
pleted, 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 per-
son who produced such material, return to such per-
son any such material (other than copies furnished 
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to the investigator under subsection (g)(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.— 
‘‘(A) IN GENERAL.—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 interrog-
atories, or transcripts of oral testimony pro-
duced 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, an-
swers, or transcripts, the Attorney General or 
the Attorney General’s designee in accordance 
with this Act shall promptly— 
‘‘(i) designate another investigator to 
serve as custodian of such material, an-
swers, or transcripts; and 
‘‘(ii) transmit in writing to the person 
who produced such material, answers, or 
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testimony notice of the identity and ad-
dress of the successor so designated. 
‘‘(B) SUCCESSOR.—Any person who is des-
ignated to be a successor under this paragraph 
shall have, with regard to such material, an-
swers, or transcripts, the same duties and re-
sponsibilities 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 be-
fore that designation. 
‘‘(k) JUDICIAL PROCEEDINGS.— 
‘‘(1) PETITION FOR ENFORCEMENT.—Whenever 
any person fails to comply with any civil investiga-
tive demand issued under subsection (a), or when-
ever satisfactory copying or reproduction of any ma-
terial 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 inves-
tigative demand. 
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‘‘(2) PETITION TO MODIFY OR SET ASIDE DE-
MAND.— 
‘‘(A) IN GENERAL.—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 dis-
trict within which such person resides, is found, 
or transacts business, and serve upon the inves-
tigator 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 ad-
dressed to an express demand for any product 
of discovery, a petition to modify or set aside 
such demand may be brought only in the dis-
trict 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 speci-
fied in the demand, whichever date is ear-
lier, or 
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‘‘(ii) within such longer period as may 
be prescribed in writing by any investigator 
identified in the demand. 
‘‘(B) GROUNDS FOR RELIEF.—The petition 
shall specify each ground upon which the peti-
tioner relies in seeking relief under subpara-
graph (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 de-
mand, in whole or in part, except that the per-
son filing the petition shall comply with any 
portions of the demand not sought to be modi-
fied or set aside. 
‘‘(3) PETITION TO MODIFY OR SET ASIDE DE-
MAND FOR PRODUCT OF DISCOVERY.— 
‘‘(A) IN
GENERAL.—In the case of any 
civil investigative demand issued under sub-
section (a) which is an express demand for any 
product of discovery, the person from whom 
such discovery was obtained may file, in the dis-
trict court of the United States for the judicial 
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district in which the proceeding in which such 
discovery was obtained is or was last pending, 
and serve upon any investigator identified in 
the demand and upon the recipient of the de-
mand, a petition for an order of such court to 
modify or set aside those portions of the de-
mand requiring production of any such product 
of discovery. Any petition under this subpara-
graph 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 speci-
fied in the demand, whichever date is ear-
lier, or 
‘‘(ii) within such longer period as may 
be prescribed in writing by any investigator 
identified in the demand. 
‘‘(B) GROUNDS FOR RELIEF.—The petition 
shall specify each ground upon which the peti-
tioner relies in seeking relief under subpara-
graph (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 
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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 docu-
mentary material or answers to interrogatories pro-
duced, or transcripts of oral testimony given, by any 
person in compliance with any civil investigative de-
mand 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 
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order so entered shall be subject to appeal under 
section 1291 of title 28, United States Code. 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 Pro-
cedure shall apply to any petition under this sub-
section, to the extent that such rules are not incon-
sistent with the provisions of this section. 
‘‘(l) DISCLOSURE EXEMPTION.—Any documentary 
material, answers to written interrogatories, or oral testi-
mony provided under any civil investigative demand issued 
under subsection (a) shall be exempt from disclosure 
under section 552 of title 5, United States Code, as de-
scribed in subsection (b)(3) of such section. 
‘‘(m) DEFINITIONS.—In this section— 
‘‘(1) the term ‘custodian’ means the custodian, 
or any deputy custodian, designated by the Attorney 
General under subsection (j)(1); 
‘‘(2) 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 in-
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formation retrieval systems, together with instruc-
tions and all other materials necessary to use or in-
terpret such data compilations, and any product of 
discovery; 
‘‘(3) the term ‘investigation’ means any inquiry 
conducted for the purpose of ascertaining whether 
any person is or has been engaged in any violation 
of this Act; 
‘‘(4) the term ‘investigator’ means any attorney 
or investigator employed by the Department of Jus-
tice who is charged with the duty of enforcing or 
carrying into effect this Act, or any officer or em-
ployee of the United States acting under the direc-
tion and supervision of such attorney or investigator 
in connection with an investigation; 
‘‘(5) 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 Fed-
eral, State, or local government agency, undertaken 
in furtherance of a Department of Justice investiga-
tion or prosecution of a case; oral examinations; 
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