PUBLIC LAW 104-169—AUG. 3, 1996
110 STAT. 1485
Confidentiality.
Notice.
(2) WITNESS EXPENSES.— Witnesses requested to appear
before the Commission shall be paid the same fees as are
paid to witnesses under section 1821 of title 28, United States
Code. The per diem and mileage allowances for witnesses shall
be paid from funds appropriated to the Commission.
(b) SUBPOENAS.—
(1) IN GENERAL.—If a person fails to supply information
requested by the Commission, the Commission may by majority
vote require by subpoena the production of any written or
recorded information, document, report, answer, record,
account, paper, computer file, or other data or documentary
evidence necessary to carry out its duties under section 4.
The Commission shall transmit to the Attorney General a confidential, written notice at least 10 days in advance of the
issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place
within the United States.
(2) INTERROGATORIES. —The Commission may, with respect
only to information necessary to understand any materials
obtained through a subpoena under paragraph (1), issue a
subpoena requiring the person producing such materials to
answer, either through a sworn deposition or through written
answers provided under oath (at the election of the person
upon whom the subpoena is served), to interrogatories from
the Commission regarding such information. A complete record- Records,
ing or transcription shall be made of any deposition made
under this paragraph.
(3) CERTIFICATION. —Each person who submits materials
or information to the Commission pursuant to a subpoena
issued under paragraph (1) or (2) shall certify to the Commission the authenticity and completeness of all materials or
information submitted. The provisions of section 1001 of title
18, United States Code, shall apply to any false statements
made with respect to the certification required under this paragraph.
(4) TREATMENT OF SUBPOENAS. — Any subpoena issued by
the Commission under paragraph (1) or (2) shall comply with
the requirements for subpoenas issued by a United States
district court under the Federal Rules of Civil Procedure.
(5) FAILURE TO OBEY A SUBPOENA.— If a person refuses
to obey a subpoena issued by the Commission under paragraph
(1) or (2), the Commission may apply to a United States district
court for an order requiring that person to comply with such
subpoena. The application may be made within the judicial
district in which that person is found, resides, or transacts
business. Any failure to obey the order of the court may be
punished by the court as civil contempt.
(c) INFORMATION FROM FEDERAL AGENCIES.— The Commission
may secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
its duties under section 4. Upon the request of the Commission,
the head of such department or agency may furnish such information to the Commission.
(d) INFORMATION TO BE KEPT CONFIDENTIAL.—The Commission
shall be considered an agency of the Federal Government for purposes of section 1905 of title 18, United States Code, and any
individual employed by an individual, entity, or organization under
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