Custodians of Documents, Answers, and

Transcripts.

(a)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.

(b)Responsibility for Materials; Disclosure.

(1)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 Subsection (d). COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT

(2)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 Office of the Attorney General. 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.

(3)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 Office of the Attorney General authorized under Item (2). 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 I Liheslaturan Guåhan, including any committee or subcommittee of I Liheslaturan Guåhan, or to any other agency of the government of Guam for use by such agency in furtherance of its statutory responsibilities.

(4)While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe:

(A)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

(B)transcripts of oral testimony shall be available for examination by the person who produced such COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT testimony, or by a representative of that person authorized by that person to examine such transcripts.

(c)Use of Material, Answers, or Transcripts in Other Proceedings. Whenever any attorney of the Office of the Attorney General has been designated to appear before any court, grand jury, or 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.

(d)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

(1)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

(2)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 § 37408(b) or made for the Office of the Attorney General under Subsection (b)(2) which has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding.

(e)Appointment of Successor Custodians. COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT

(1)In the event of the death, disability, or separation from service in the Office of the Attorney General 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.

(2)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.