Page:United States Statutes at Large Volume 90 Part 1.djvu/1037

 PUBLIC LAW 94-364—JULY 14, 1976 "(4) Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee issued under paragraph (1) or (3) of this subsection, issue an order requiring compliance therewith, and any failure to obey such order of the court may be punished by such court as a contempt thereof. "(5) Witnesses summoned pursuant to this subsection shall be paid the same fees and mileage which are paid witnesses in the courts of the United States. "(d) All information reported to or otherwise obtained by the Secretary or his representative under this title, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress. u ADMINISTRATIVE

90 STAT. 987

Witness fees.

Information confidentiality.

WARRANTS

"SEC. 415. (a) A warrant under this section shall be required for any entry or adminstrative inspection (including impoundment of motor vehicles or motor vehicle equipment) authorized by section 414 of this Act, except if such entry or inspection is— " (1) with the consent of the owner, operator, or agent in charge of the factory, warehouse, establishment, or premises; "(2) in situations involving inspection of motor vehicles where there is reasonable cause to believe that the mobility of the motor vehicle makes it impracticable to obtain a warrant; " (3) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; "(4) for access to and examination of books, records, and any other documentary evidence pursuant to section 414(c)(2); or "(5) in any other situations where a warrant is not constitutionally required. "(b) Issuance and execution of administrative inspection warrants shall be as follows: "(1) Any judge of the United States or of a State court of record, or any United States magistrate, may, within his territorial jurisdiction, and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by section 414 and of impoundment of motor vehicles or motor vehicle equipment appropriate to such inspections. For the purposes of this section, the term 'probable cause' means a valid public interest in the effective enforcement of this title or regulations issued thereunder sufficient to justify administrative inspections of the area, factory, warehouse, establishment, premises, or motor vehicle, or contents thereof, in the circumstances specified in the application for the warrant.

15 USC 1990e, Ante, p. 985.

Issuance and execution.

"Probable cause."

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