§ 1313. — Custodian of documents, answers and transcripts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1313]
TITLE 15--COMMERCE AND TRADE
CHAPTER 34--ANTITRUST CIVIL PROCESS
Sec. 1313. Custodian of documents, answers and transcripts
(a) Designation
The Assistant Attorney General in charge of the Antitrust Division
of the Department of Justice shall designate an antitrust investigator
to serve as custodian of documentary material, answers to
interrogatories, and transcripts of oral testimony received under this
chapter, and such additional antitrust investigators as he shall
determine from time to time to be necessary to serve as deputies to such
officer.
(b) Production of materials
Any person, upon whom any demand under section 1312 of this title
for the production of documentary material has been duly served, shall
make such material available for inspection and copying or reproduction
to the custodian designated therein at the principal place of business
of such person (or at such other place as such custodian and such person
thereafter may agree and prescribe in writing or as the court may
direct, pursuant to section 1314(d) \1\ of this title) on the return
date specified in such demand (or on such later date as such custodian
may prescribe in writing). Such person may upon written agreement
between such person and the custodian substitute copies for originals of
all or any part of such material.
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\1\ See References in Text note below.
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(c) Responsibility for materials; disclosure
(1) The custodian to whom any documentary material, answers to
interrogatories, or transcripts of oral testimony are delivered shall
take physical possession thereof, and shall be responsible for the use
made thereof and for the return of documentary material, pursuant to
this chapter.
(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 duly authorized
official, employee, or agent of the Department of Justice under
regulations which shall be promulgated by the Attorney General.
Notwithstanding paragraph (3) of this subsection, such material,
answers, and transcripts may be used by any such official, employee, or
agent in connection with the taking of oral testimony pursuant to this
chapter.
(3) Except as otherwise provided in this section, while in the
possession of the custodian, no documentary material, answers to
interrogatories, or transcripts of oral testimony, or copies thereof, so
produced shall be available for examination, without the consent of the
person who produced such material, answers, or transcripts, and, in the
case of any product of discovery produced pursuant to an express demand
for such material, of the person from whom the discovery was obtained,
by any individual other than a duly authorized official, employee, or
agent of the Department of Justice. Nothing in this section is intended
to prevent disclosure to either body of the Congress or to any
authorized committee or subcommittee thereof.
(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 any duly authorized representative of such person, and
(B) transcripts of oral testimony shall be available for examination by
the person who produced such testimony, or his counsel.
(d) Use of investigative files
(1) Whenever any attorney of the Department of Justice has been
designated to appear before any court, grand jury, or Federal
administrative or regulatory agency in any case or proceeding, the
custodian of any documentary material, answers to interrogatories, or
transcripts of oral testimony may deliver to such attorney such
material, answers, or transcripts for official use in connection with
any such case, grand jury, or proceeding as such attorney determines to
be required. Upon the completion of any such case, grand jury, 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 the
introduction thereof into the record of such case or proceeding.
(2) The custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony may deliver to the
Federal Trade Commission, in response to a written request, copies of
such material, answers, or transcripts for use in connection with an
investigation or proceeding under the Commission's jurisdiction. Such
material, answers, or transcripts may only be used by the Commission in
such manner and subject to such conditions as apply to the Department of
Justice under this chapter.
(e) Return of material to producer
If any documentary material has been produced in the course of any
antitrust investigation by any person pursuant to a demand under this
chapter and--
(1) any case or proceeding before any court or grand jury
arising out of such investigation, or any proceeding before any
Federal administrative or regulatory 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 thereof furnished to the custodian pursuant to subsection (b) of
this section or made by the Department of Justice pursuant to subsection
(c) of this section) which has not passed into the control of any court,
grand jury, or agency through the introduction thereof into the record
of such case or proceeding.
(f) 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
under any demand issued pursuant to this chapter, or the official relief
of such custodian from responsibility for the custody and control of
such material, answers, or transcripts, the Assistant Attorney General
in charge of the Antitrust Division shall promptly (1) designate another
antitrust investigator to serve as custodian of such material, answers,
or transcripts, and (2) transmit in writing to the person who produced
such material, answers, or testimony notice as to the identity and
address of the successor so designated. Any successor designated under
this subsection shall have with regard to such material, answers, or
transcripts all duties and responsibilities imposed by this chapter upon
his predecessor in office with regard thereto, except that he shall not
be held responsible for any default or dereliction which occurred prior
to his designation.
(Pub. L. 87-664, Sec. 4, Sept. 19, 1962, 76 Stat. 549; Pub. L. 94-435,
title I, Sec. 103, Sept. 30, 1976, 90 Stat. 1387; Pub. L. 96-349,
Secs. 2(b)(4), 7(a)(2), Sept. 12, 1980, 94 Stat. 1155, 1158.)
References in Text
Section 1314(d) of this title, referred to in subsec. (b), was
redesignated section 1314(e) of this title by Pub. L. 96-349.
This chapter, referred to in subsecs. (c), (e), and (f), was in the
original ``this Act'', meaning Pub. L. 87-664, which is classified
generally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 1311 of this title
and Tables.
Amendments
1980--Subsec. (c)(2). Pub. L. 96-349, Sec. 7(a)(2), provided for use
of copies of documentary material by agents of the Department of
Justice, including use by such agents in connection with the taking of
oral testimony.
Subsec. (c)(3). Pub. L. 96-349, Secs. 2(b)(4), 7(a)(2), inserted ``,
and, in the case of any product of discovery produced pursuant to an
express demand for such material, of the person from whom the discovery
was obtained'' before ``, by any individual'' and reference to ``agent''
of the Department of Justice.
1976--Subsec. (a). Pub. L. 94-435 substituted ``custodian of
documentary material, answers to interrogatories, and transcripts of
oral testimony received under this chapter'' for ``antitrust documentary
custodian''.
Subsec. (b). Pub. L. 94-435 struck out ``issued'' after ``any
demand'', inserted ``for the production of documentary material'' before
``has been duly served'', and substituted ``copies for originals of all
or any part of such material'' for ``for copies of all or any part of
such material originals thereof''.
Subsec. (c). Pub. L. 94-435, among other changes, inserted
provisions relating to answers to interrogatories and transcripts of
oral testimony and, in par. (1), substituted ``of documentary material''
for ``thereof'', in par. (2), inserted ``by any duly authorized official
or employee of the Department of Justice'' after ``for official use'',
and inserted a provision relating to the use of documentary material,
answers to interrogatories, and transcripts in connection with the
taking of oral testimony, in par. (3), inserted ``Except as otherwise
provided in this section'' before ``while in the possession'',
substituted ``no documentary material'' for ``no material'',
``official'' for ``officer, member'', and inserted provision relating to
disclosure of information to Congress or authorized committees or
subcommittees thereof, in par. (4), added cl. (B).
Subsec. (d). Pub. L. 94-435, among other changes, in par. (1),
inserted provisions relating to answers to interrogatories and
transcripts of oral testimony, substituted a provision that an attorney
designated under this section be from the Department of Justice for a
provision that a designated attorney be appearing on behalf of the
United States, provided that such an attorney can make an appearance
under this section before a Federal administrative or regulatory agency
in addition to a court or grand jury, and added par. (2).
Subsec. (e). Pub. L. 94-435, among other changes, inserted
provisions of subsec. (f) relating to the institution of a case or
proceeding within a reasonable time after examination and analysis of
any evidence assembled during the course of an investigation, and
relating to written demand for the return of such material, and, in
addition, provided that copies furnished the custodian pursuant to
subsec. (b) of this section need not be returned by the custodian.
Subsecs. (f), (g). Pub. L. 94-435 redesignated subsec. (g) as (f).
Former subsec. (f) redesignated (e)(2).
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section
106 of Pub. L. 94-435, set out as a note under section 1311 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 1311, 6205 of this title.
