Page:United States Statutes at Large Volume 94 Part 1.djvu/430

 94 STAT. 380

PUBLIC LAW 96-252—MAY 28, 1980 such date of enactment the Commission shall promulgate a final rule, which shall prohibit any officer, employee, or agent of the Commission with any investigative responsibility or other responsibility relating to any rulemaking proceeding within any operating bureau of the Commission, from communicating or causing to be communicated to any Commissioner or to the personal staff of any Commissioner any fact which is relevant to the merits of such proceeding and which is not on the rulemaking record of such proceeding, unless such communication is made available to the public and is included in the rulemaking record. The provisions of this subsection shall not apply to any communication to the extent such communication is required for the disposition of ex parte matters as authorized by law.". CIVIL INVESTIGATIVE DEMANDS

SEC. 13. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 15 USC 57c, 58. amended by redesignating section 20 and section 21 as section 24 and section 25, respectively, and by inserting after section 19 the following new section: Defimtions "SEC. 20. (a) For purposes of this section: "(1) The terms 'civil investigative demand' and 'demand' mean any demand issued by the Commission under subsection (c)(1). "(2) The term 'Commission investigation' means any inquiry conducted by a Commission investigator for the purpose of ascertaining whether any person is or has been engaged in any unfair or deceptive acts or practices in or affecting commerce 15 USC 45. (within the meaning of section 5(a)(1)). "(3) The term 'Commission investigator' means any attorney or investigator employed by the Commission who is charged with the duty of enforcing or carrying into effect any provisions relating to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1)). "(4) The term 'custodian' means the custodian or any deputy Post, p. 385. custodian designated under section 21(b)(2)(A). "(5) The term 'documentary material' includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document. "(6) The term 'person' means any natural person, partnership, corporation, association, or other legal entity, including any person acting under color or authority of State law. "(7) The term 'violation' means any act or omission constituting an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1)). "(b) For the purpose of investigations performed pursuant to this section with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1)), all actions 15 USC 46, 49. Qf the Commission taken under section 6 and section 9 shall be conducted pursuant to subsection (c). "(c)(1) Whenever the Commission has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1)), the Commission may, before the institution of any proceedings under this Act, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such documentary material for inspection and copying or reproduction, to file written reports or answers to questions, to give

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