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SEC. 12. SUBPENAS AND DISCOVERY (46 App. U.S.C. 1711 (2002)). (a) In General. In investigations and adjudicatory proceedings under this Act_ (1) depositions, written interrogatories, and discovery procedures may be utilized by any party under rules and regulations issued by the Commission that, to the extent practicable, shall be in conformity with the rules applicable in civil proceedings in the district courts of the United States; and (2) the Commission may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence.  (b) Witness Fees. Witnesses shall, unless otherwise prohibited by law, be entitled to the same fees and mileage as in the courts of the United States. SEC. 13. PENALTIES (46 App. U.S.C. 1712 (2002)). (a) Assessment of Penalty. Whoever violates a provision of this Act, a regulation issued thereunder, or a Commission order is liable to the United States for a civil penalty. The amount of the civil penalty, unless otherwise provided in this Act, may not exceed $5,000 for each violation unless the violation was willfully and knowingly committed, in which case the amount of the civil penalty may not exceed $25,000 for each violation. Each day of a continuing violation constitutes a separate offense. The amount of any penalty imposed upon a common carrier under this subsection shall constitute a lien upon the vessels operated by that common carrier and any such vessel may be libeled therefore in the district court of the United States for the district in which it may be found.

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