Page:United States Statutes at Large Volume 108 Part 2.djvu/978

 108 STAT. 1694 PUBLIC LAW 103-312—AUG. 26, 1994 "(A) describe each class of tangible things to be submitted under the demand with such deflniteness and certainty as to permit such things to be fairly identified; "(B) prescribe a return date or dates which will provide a reasonable period of time within which the things so demanded may be assembled and submitted; and "(C) identify the custodian to whom such things shall be submitted."; and (C) by inserting immediately after paragraph (11), as so redesignated, the following new paragraph: "(12) The submission of tangible things in response to a civil investigative demand shall be made under a sworn certificate, in such form as the demand designates, by the person to whom the demand is directed or, if not a natural person, by any person having knowledge of the facts and circumstances relating to such production, to the effect that all of the tangible things required by the demand and in the possession, custody, or control of the person to whom the demand is directed have been submitted to the custodian.". (c) SECTION 20(g).— Section 20(g) (15 U.S.C. 57b -l(g)) is amended by inserting ", tangible things" immediately after "documentary material". (d) APPLICABILITY OF SECTION 20. —Section 20(j)(l) (15 U.S.C. 57b-l(j)(l)) is amended by inserting immediately before the semicolon the following: ", any proceeding under section 11(b) of the Clayton Act (15 U.S.C. 21(b)), or any adjudicative proceeding under any other provision of law", SEC. 8. COMMISSION CUSTODY OF TANGIBLE THINGS. Section 21 (15 U.S.C. 57b-2) is amended— (1) in subsection (a)(1), by inserting "tangible things," immediately after "documentary material,"; (2) in subsection (b)(1), by inserting ", tangible thing," immediately after "document"; (3) in subsection (b)(2)(A), by inserting "tangible things," immediately after "documentary material,"; (4) in subsection (b)(3)— (A) in subparagraph (A), by inserting "tangible things," immediately after "documentary material,"; (B) in subparagraph (B), by inserting ", and may make tangible things available," immediately after "oraJ testimony"; and by inserting ", things," immediately after "such material"; (C) in subparagraph (C), by inserting "tangible things," immediately ^er 'xiocumentary material," and by inserting ", things," immediately after "material"; and (D) in subparagraph (D), by inserting ", tangible things," immediately after "documentary material"; (5) in subsection (b)(4), by inserting "tangible things," immediately after "documentary material,"; (6) in subsection (b)(5), by inserting "tangible things," immediately after "documentary material,"; (7) in subsection (b)(6)— (A) by inserting immediately after the first sentence the following new sentence: 'The custodian of any tangible things may make such things available for inspection to such persons on the same basis."; and

�