Stat/Authority

§ 6103

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

6102 ..............................................

46:1486

Section 6102(a) requires the Secretary to prescribe
regulations for a uniform State marine casualty reporting system for vessels. The Secretary may limit the
scope and types of casualties to be investigated and reported by the State. It also requires the State to submit to the Secretary reports, information, and statistics on casualties reported to the State.
Subsection (b) requires the Secretary to analyze the
information that is received from the State. It also prohibits the Secretary from disclosing the information,
proceeding against any person based on this information, or otherwise using the information, if the State
cannot use the information in the same way.
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–557 inserted provisions
relating to alcohol as a contributing factor to the casualty.
PLAN TO INCREASE MARINE CASUALTY REPORTING
Pub. L. 104–324, title III, § 314(a), Oct. 19, 1996, 110 Stat.
3922, provided that: ‘‘Not later than one year after enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall, in consultation with appropriate
State agencies, submit to the Committee on Resources
[now Committee on Natural Resources] of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a plan to increase reporting of vessel accidents to appropriate
State law enforcement officials.’’

Page 90

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–498 effective 180 days after
Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as
an Effective Date note under section 2306 of this title.

§ 6104. Commercial fishing industry vessel casualty statistics
(a) The Secretary shall compile statistics concerning marine casualties from data compiled
from insurers of fishing vessels, fish processing
vessels, and fish tender vessels.
(b) A person underwriting primary insurance
for a fishing vessel, fish processing vessel, or
fish tender vessel shall submit periodically to
the Secretary data concerning marine casualties
that is required by regulations prescribed by the
Secretary.
(c) After consulting with the insurance industry, the Secretary shall prescribe regulations
under this section to gather a statistical base
for analyzing vessel risks.
(d) The Secretary may delegate to a qualified
person that has knowledge and experience in the
collection of statistical insurance data the authority of the Secretary under this section to
compile statistics from insurers.
(Added Pub. L. 100–424, § 4(a), Sept. 9, 1988, 102
Stat. 1590.)
CHAPTER 63—INVESTIGATING MARINE
CASUALTIES
Sec.

§ 6103. Penalty
(a) An owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
failing to report a casualty as required under
section 6101 of this title or a regulation prescribed under section 6101 or 6102 is liable to the
United States Government for a civil penalty of
not more than $25,000.
(b) A person failing to comply with section
6104 of this title or a regulation prescribed under
that section is liable to the Government for a
civil penalty of not more than $5,000.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L.
98–498, title II, § 212(b)(2), Oct. 19, 1984, 98 Stat.
2306; Pub. L. 100–424, § 4(b), Sept. 9, 1988, 102 Stat.
1590; Pub. L. 104–324, title III, §§ 306(a), 314(b),
Oct. 19, 1996, 110 Stat. 3918, 3922.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

6103 ..............................................

33:361
33:362

Section 6103 provides for a civil penalty of $1,000 for
any owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to report a casualty required to be reported under subsection (b) of section 6101 or an incident required to be
reported under subsection (c) of section 6101.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–324 inserted ‘‘or 6102’’
before ‘‘is liable’’ and substituted ‘‘not more than
$25,000’’ for ‘‘$1,000’’.
1988—Pub. L. 100–424 designated existing provisions as
subsec. (a) and added subsec. (b).
1984—Pub. L. 98–498 struck out ‘‘or incident’’ after ‘‘a
casualty’’.

6301.
6302.
6303.
6304.
6305.
6306.
6307.
6308.

Investigation of marine casualties.
Public investigations.
Rights of parties in interest.
Subpena authority.
Reports of investigations.
Penalty.
Notifications to Congress.
Information barred in legal proceedings.
HISTORICAL AND REVISION NOTES

Chapter 63 sets forth the scope and procedures for the
investigation of marine casualties and incidents that
are required to be reported by Chapter 61, as well as the
rights of parties involved in a casualty.
AMENDMENTS
1996—Pub. L. 104–324, title III, § 313(b), Oct. 19, 1996, 110
Stat. 3922, added item 6308.

§ 6301. Investigation of marine casualties
The Secretary shall prescribe regulations for
the immediate investigation of marine casualties under this part to decide, as closely as possible—
(1) the cause of the casualty, including the
cause of any death;
(2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful
violation of law committed by any individual
licensed, certificated, or documented under
part E of this subtitle has contributed to the
cause of the casualty, or to a death involved in
the casualty, so that appropriate remedial action under chapter 77 of this title may be
taken;
(3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful
violation of law committed by any person, including an officer, employee, or member of the

Page 91

§ 6304

TITLE 46—SHIPPING

Coast Guard, contributed to the cause of the
casualty, or to a death involved in the casualty;
(4) whether there is evidence that an act subjecting the offender to a civil penalty under
the laws of the United States has been committed, so that appropriate action may be
undertaken to collect the penalty;
(5) whether there is evidence that a criminal
act under the laws of the United States has
been committed, so that the matter may be
referred to appropriate authorities for prosecution; and
(6) whether there is need for new laws or regulations, or amendment or repeal of existing
laws or regulations, to prevent the recurrence
of the casualty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

6301 ..............................................

46:239

Section 6301 requires the Secretary to prescribe regulations for the immediate investigation of marine casualties in order to determine, as closely as possible, the
cause of the casualty; whether the actions of individuals licensed, certificated, or documented have contributed to the cause of the casualty, whether the action of
an individual in the Coast Guard contributed to the
cause of the casualty, whether there is evidence that an
act subjecting the offender to civil or criminal penalty
has been committed, and whether there is a need for
new laws or to amend or repeal existing laws or regulations in order to prevent a recurrence of the casualty.
CONSTRUCTION
Pub. L. 98–89, § 2(h), Aug. 26, 1983, 97 Stat. 599, provided that: ‘‘Chapter 63 of title 46 (as enacted by section 1 of this Act) does not supersede section
304(a)(1)(E) of the Independent Safety Board Act of 1974
(49 App. U.S.C. 1903(a)(1)(E)) [see 49 U.S.C. 1131(a)(1)(E),
(b)].’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 6302. Public investigations
Each investigation conducted under this chapter and regulations prescribed under this chapter shall be open to the public, except when evidence affecting the national security is to be received.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

6302 ..............................................

..............................................

Section 6302 provides that each investigation conducted under this chapter shall be open to the public,
except when evidence affecting the national security of
the United States is to be received.

§ 6303. Rights of parties in interest
In an investigation conducted under this chapter, the following shall be allowed to be represented by counsel, to cross-examine witnesses,
and to call witnesses:
(1) an owner,
(2) any holder of a license or certificate of
registry,
(3) any holder of a merchant mariner’s document,
(4) any other person whose conduct is under
investigation, and
(5) any other party in interest.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)
HISTORICAL AND REVISION NOTES
Revised section
6303 ..............................................

Source section (U.S. Code)
46:239(d)

Section 6303 provides for the rights of parties in interest to an investigation by allowing them to be represented by counsel, to cross examine witnesses, and to
call witnesses. This section merely states the rights of
a party in interest but does not necessarily determine
who is to be considered a party in interest. Clause (4)
states that these rights are to be afforded to ‘‘any other
person whose conduct is under investigation’’ (emphasis added). This implies that clauses (1) through (3)
apply to individuals whose conduct is under investigation. If any individual does not qualify for these rights
under clauses (1) through (4), that individual can still
be entitled to these rights under clause (5), if designated as a party in interest. Since parties in interest
are not clearly set out by statute, the Secretary has
the authority to do this by regulation under section
6301. Thus the rights of these parties as presently provided for in existing law have been retained.

§ 6304. Subpena authority
(a) In an investigation under this chapter, the
attendance and testimony of witnesses, including parties in interest, and the production of
any evidence may be compelled by subpena. The
subpena authority granted by this section is coextensive with that of a district court of the
United States, in civil matters, for the district
in which the investigation is conducted.
(b) When a person fails to obey a subpena issued under this section, the district court of the
United States for the district in which the investigation is conducted or in which the person
failing to obey is found, shall on proper application issue an order directing that person to comply with the subpena. The court may punish as
contempt any disobedience of its order.
(c) A witness complying with a subpena issued
under this section may be paid for actual travel
and attendance at the rate provided for witnesses in the district courts of the United
States.
(d) An official designated to conduct an investigation under this part may issue subpenas as
provided in this section and administer oaths to
witnesses.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538.)
HISTORICAL AND REVISION NOTES
Revised section
6304 ..............................................

Source section (U.S. Code)
46:239(e)
46:239(f)