An Act to authorize the Attorney General to compel the production of documentary evidence required in civil investigations for the enforcement of the antitrust laws, and for other purposes
PL 87-664 (S.167), enacted 09/19/1962

548 
PUBLIC LAW 87-664-SEPT. 19, 1962 
[76 STAT. 
Public Law 87-664 
September 19, 1962 
^^ 
A C T 
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To authorize the Attorney General to compel the production of documentary 
evidence required in civil investigations for the enforcement of the antitrust 
laws, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Antitrust Civil 
United States of America in Congress assembled^ That this Act may 
Process Act. 
^g Q]^^^ ^^ ^j^g "Aiititrust Civil Process Act". 
DEFINITIONS 
SEC. 2. For the purposes of this Act— 
* 
(a) The term "antitrust law" includes: 
(1) Each provision of law defined as one of the antitrust 
laws by section 1 of the Act entitled "An Act to supplement 
existing laws agahist unlawful restraints and monopolies, and 
for other purposes", approved October 15, 1914 (38 Stat. 
730, as amended; 15 U.S.C. 12), commonly known as the 
Clayton Act; 
(2) The Federal Trade Commission Act (15 U.S.C. 41 and 
38 Stat. 717. 
the followiug); and 
(3) Any statute hereafter enacted by the Congress which 
prohibits, or makes available to the United States in any 
court of the United States any civil remedy with respect to 
(A) any restraint upon or monopolization of interstate or 
foreign trade or commerce, or (B) any unfair trade practice 
in or atfecting such commerce; 
(b) The term "antitrust order" means any final order, decree, 
or judgment of any court of the United States, duly entered iji 
any case or proceeding arising under any antitrust law; 
(c) The term "antitrust investigation" means any inquiry con-
ducted by any antitrust investigator for the purpose of ascertain-
ing whether any person is or has been engaged in any antitrust 
violation; 
(d) The term "antitrust violation" means any act or omission 
in violation of any antitrust law or any antitrust order; 
(e) The term "antitrust investigator" means any attorney or 
investigator employed by the Department of Justice who is 
charged with the duty of enforcing or carrying into effect any 
antitrust law; 
(f) The term "person" means any corporation, association, 
partnership, or other legal entity not a natural person; 
(g) The term "documentary material" includes the original or 
any copy of any book, record, report, memorandum, paper, com-
munication, tabulation, chart, or other document; and 
(h) The term "custodian" means the antitrust document cus-
todian or any deputy custodian designated under section 4(a) of 
this Act. 
CIVIL INVESTIGATIVE DEMAND 
SEC. 3. (a) Whenever the Attorney General, or the Assistant At-
torney General in charge of the Antitrust Division of the Department 
of Justice, has reason to believe that any person under investigation 
may be in possession, custody, or control of any documentary material 
relevant to a civil antitrust investigation, Re may, prior to the institu-
tion of a civil or criminal proceeding thereon, issue in writing, and 
cause to be served upon such person, a civil investigative demand 
requiring such person to produce such material for examination. 
76 STAT. ] 
PUBLIC LAW 87-664-SEPT. 19, 1%2 
549 
(b) Each sucli demand shall— 
(1) state the nature of the conduct constituting the alleged 
antitrust violation which is under investigation and the provision 
of law applicable thereto; 
(2) describe the class or classes of documentary material to be 
produced thereunder with such definiteness and.certainty as to 
permit such material to be fairly identified; 
(3) prescribe a return date which will provide a reasonable 
period of time within which the material so demanded may be 
assembled and made available for inspection and copying or 
reproduction; and 
(4) identify the custodian to whom such material shall be made 
available. 
(c) No such demand shall— 
(1) contain any requirement which would be held to be unrea-
sonable if contained in a subpena duces tecum issued by a court 
of the United States in aid of a grand jury investigation of such 
alleged antitrust violation; or 
(2) require the production of any documentary evidence which 
would be privileged from disclosure if demanded by a subpena 
duces tecum issued by a court of the United States in aid of a 
grand jury investigation of such alleged antitrust violation. 
(d) Any such demand may be served by any antitrust investigator, 
or by any United States marshal or deputy marshal, at any place 
within the territorial jurisdiction of any court of the United States. 
(e) Service of any such demand or of any petition filed under sec-
tion 5 of this Act may be made upon a partnership, corporation, 
association, or other legal entity by— 
(1) delivering a duly executed copy thereof to any partner, 
executive officer, managing agent, or general agent thereof, or to 
any agent thereof authorized by appointment or by law to receive 
service of process on behalf of such partnership, corporation, 
association, or entity; 
(2) delivering a duly executed copy thereof to the principal 
office or place of business of the partnership, corporation, associa-
tion, or entity to be served; or 
(3) depositing such copy in the United States mails, by regis-
tered or certified mail duly addressed to such partnership, cor-
E
oration, association, or entity at its principal office or place of 
usiness. 
(f) A verified return by the individual serving any such demand or 
petition setting forth the manner of such service shall be proof of 
such service. In the case of service by registered or certified mail, 
such return shall be accompanied by the return post office receipt of 
delivery of such demand. 
ANTITRUST DOCUMENT CUSTODIAN 
SEC. 4. (a) The Assistant Attorney General in charge of the Anti-
trust Division of the Department of Justice shall designate an anti-
trust investigator to serve as antitrust document custodian, and such 
additional antitrust investigators as he shall determine from time to 
time to be necessary to serve as deputies to such officer. 
(b) Any person upon whom-any demand issued under section 3 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 5(d) of this 
Act) on the return date specified in such demand (or on such later 
550 
PUBLIC LAW 87-664-SEPT. 19, 1962 
[76 STAT. 
date as such custodian may prescribe in writing). 
Such person may 
upon written agreement between such person and the custodian sub-
stitute for copies of all or any part of such material originals thereof. 
(c) The custodian to whom any documentary material is so deliv-
ered shall take physical possession thereof, and shall be responsible 
for the use made thereof and for the return thereof pursuant to this 
Act. The custodian may cause the preparation of such copies of such 
documentary material as may be required for official use under regu-
lations which shall be promulgated by the Attorney General. While 
in the possession of the custodian, no material so produced shall be 
available for examination, without the consent of the person who pro-
duced such material, by any individual other than a duly authorized 
officer, member, or employee of the Department of Justice. 
Under 
such reasonable terms and conditions as the Attorney General shall 
prescribe, documentary material while in the possession of the cus-
todian shall be available for examination by the person who produced 
such material or any duly authorized representative of such person. 
(d) Whenever any attorney has been designated to appear on be-
half of the United States before any court or grand jury in any case 
or proceeding involving any alleged antitrust violation, the cus-
todian may deliver to such attorney such documentary material in the 
possession of the custodian as such attorney determines to be required 
for use in the presentation of such case or proceeding on behalf of 
the United States. Upon the conclusion of any such case or proceed-
ing, such attorney shall return to the custodian any documentary 
material so withdrawn which has not passed into the control of such 
court or grand jury through the introduction thereof into the record 
of such case or proceeding. 
(e) Upon the completion of (1) the antitrust investigation for 
which any documentary material was produced under this Act, and 
(2) any case or proceeding arising from such investigation, the cus-
todian shall return to the person who produced such material all such 
material (other than copies thereof made by the Department of Jus-
tice pursuant to subsection (c)) which lias not passed into the control 
of any court or grand jury through the introduction thereof into the 
record of such case or proceeding. 
(f) When any documentary material has been produced by any 
person under this Act for use in any antitrust investigation, and no 
such case or proceeding arising therefrom has been instituted within 
a reasonable time after completion of the examination and analysis 
of all evidence assembled in the course of such investigation, such 
person shall be entitled, upon written demand made upon the Attorney 
General or upon the Assistant Attorney General in charge of the 
Antitrust Division, to the return of all documentary material (other 
than copies thereof made by the Department of Justice pursuant to 
subsection (c)) so produced by such person. 
(g) In the event of the death, disability, or separation from service 
in the Department of Justice of the custodian of any documentary 
material produced under any demand issued under this Act, or the 
official relief of such custodian from responsibility for the custody 
and control of such material, the Assistant Attorney General in charge 
of the Antitrust Division shall promptly (1) designate another anti-
trust investigator to serve as custodian thereof, and (2) transmit 
notice in writing to the person who produced such material as to the 
identity and address of the successor so designated. Any successor 
so designated shall havQ with regard to such materials all duties and 
responsibilities imposed by this Act upon his predecessor in office with 
regard thereto, except that he shall not be held responsible for any 
default or dereliction which occurred before his designation as 
custodian. 
76 STAT. ] 
PUBLIC LAW 87-664-SEPT. 19, 1962 
551 
JUDICIAL 
PROCEEDINGS 
SEC. 5. (a) Whenever any person fails to comply with any civil 
investigative demand duly served .upon him under section 3 or when-
ever satisfactory copying or reproduction of any such material cannot 
be done and such person refuses to surrender such material, the 
Attorney General, through such officers or attorneys as he may desig-
nate, 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 fox? an order of such 
court for the enforcement of this Act, except that if such person 
transacts business in more than one such district such petition shall 
be filed in the district in which such person maintains nis principal 
place of business, or in such other district in which such person trans-
acts business as may be agreed upon by the parties to such petition. 
(b) Within-twenty days after the service of any such demand upon 
any person, or at any time before the return date specified in the 
demand, whichever period is shorter, such person may file, in the 
district court of the United States for the judicial district within 
which such person resides, is found, or transacts business, and serve 
upon such custodian a petition for an order of such court modifying 
^ ^ .. ..^ 
or setting aside such demand. 
The time allowed for compliance with 
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the demand in whole or in part as deemed proper and ordered by the 
court shall not run during the pendency of such petition in the court. 
Such petition shall specify each ground upon which the petitioner 
relies m seeking such relief, and may be based upon any failure of 
such demand to comply with the provisions of this Act, or upon any 
constitutional or other legal right or privilege of such person. 
(c) At any time during which any custodian is in custody or control 
of any documentary material delivered by any person in compliance 
with any such demand, such person 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 requiring the performance by such custodian 
of any duty imposed upon him by this Act. 
(d) Whenever any petition is filed in any district court of the 
United States under this section, 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 into effect the provisions of this 
Act. 
Any final order so entered shall be subject to appeal pursuant 
to section 1291 of title 28 of the United States Code. Any disobedi- 
es stat. 726. 
ence of any final order entered under this section by any court shall be 
punished as a contempt thereof. 
(e) To the extent that such rules may have application and are not 
inconsistent with the provisions of this Act, the Federal Rules of Civil 
Procedure shall apply to any petition under this Act. 
28 use £
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CRIMINAL PENALTY 
SEC, 6. (a) Section 1505, title 18, United States Code, is amended 
62 stat. 770, 
to read as follows: 
"§ 1505. Obstruction of proceedings before departments, agencies, 
and committees 
"Whoever corruptly, or by threats or force, or by any threatening 
letter or communication, endeavors to influence, intimidate, or impede 
any witness in any proceeding pending before any department or 
agency of the United States, or in connection with any inquiry or 
investigation being had by either House, or any committee of either 
House, or any joint committee of the Congress; or 
552 
PUBLIC LAW 87-665-SEPT. 19, 1962 
[76 STAT. 
18 use 
1509. 
1501-
"Whoe\ er injures any party or witness in his person or property on 
account of his attending or having attended such proceeding, inquiry, 
or investigation, or on account of his testifying or having testified to 
any matter pending therein; or 
"Whoever, with intent to avoid, evade, prevent, or obstruct compli-
ance in whole or in part with any civil investigative demand duly and 
properly made under the Antitrust Civil Process Act willfully removes 
from any place, conceals, destroys, mutilates, alters, or by other 
means falsifies any documentary material which is the subject of such 
demand; or 
"Whoever corruptly, or by threats or force, or by any threatening 
letter or communication influences, obstructs, or impedes or endeavors 
to influence, obstruct, or impede the due and proper administration of 
the law under which such proceeding is being had before such depart-
ment or agency of the United States, or the due and proper exercise 
of the power of inquiry under which such inquiry or investigation is 
being had by either House, or any committee of either House or any 
joint committee of the Congress— 
"Shall be fined not more than $6,000 or imprisoned not more than 
five years, or both." 
(b) The analysis of chapter 73 of title 18 of United States Code is 
amended so that the title of section 1505 shall read therein as follows: 
"1505. Obstruction of proceedings before departments, agencies, and 
committees." 
SAVING PROVISION 
SEC. 7. Nothing contained in this Act shall impair the authority of 
the Attorney General, the Assistant Attorney General in charge of 
the Antitrust Division of the Department of Justice, or any antitrust 
investigator to (a) lay before any grand jury impaneled before any 
district court of the United States any evidence concerning any alleged 
antitrust violation, (b) invoke the power of any such court to compel 
the production of any evidence before any such grand jury, or (c) 
institute any proceeding for the enforcement of any order or process 
issued in execution of such power, or to punish disobedience of any 
such order or process by any person, including a natural person. 
Approved September 19, 1962. 
Public Law 87-665 
AN ACT 
September 19, 1962 
[H. R. 10493] 
To amend title 18, United States Code, section 4163, relating to discharge of 
prisoners. 
Crimes and of-
fenses-
Federal prison-
ers, discharge 
date. 
62 Stat. 853. 
Be it enacted hy the Senate and House of Rejrresentatives 
of the 
United States of America in Congress assembled, That section 4163 of 
title 18, United States Code, is amended to read as follows: "Except 
as hereinafter provided a prisoner shall be released at the expiration of 
his term of sentence less the time deducted for good conduct. 
A cer-
tificate of such deduction shall be entered on the commitment by the 
warden or keeper. 
If such release date falls upon a Saturday, a 
Sunday, or on a Monday which is a legal holiday at the place of 
confinement, the prisoner may be released at the discretion of the war-
den or keeper on the preceding Friday. 
If such release date falls on a 
holiday which falls other than on a Saturday, Sunday, or Monday, the 
prisoner may be released at the discretion of the warden or keeper on 
the day preceding the holiday." 
Approved September 19, 1962.