1625-0001 Stat/Authority

§ 6302

TITLE 46—SHIPPING

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.)

Page 566

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

Source section (U.S. Code)

6304 ..................................... 46:239(e)
46:239(f)

Section 6304 provides an officer investigating a marine
casualty with the necessary subpena authority to require the attendance and testimony of witnesses and the
production of evidence. It also authorizes a district court
of the United States to direct compliance with a subpena.

§ 6305. Reports of investigations
(a) The Secretary shall prescribe regulations
about the form and manner of reports of investigations conducted under this part.
(b) Reports of investigations conducted under
this part shall be made available to the public.
This subsection does not require the release of
information described by section 552(b) of title 5
or protected from disclosure by another law of
the United States.

Historical and Revision Notes
Revised section

Source section (U.S. Code)

6303 ..................................... 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

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538; Pub. L.
105–383, title III, § 305, Nov. 13, 1998, 112 Stat. 3420.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

6305 ..................................... 46:239(g)
46:239(k)

Section 6305 requires the Secretary to prescribe regulations about the form and manner of reports of investigations of marine casualties. It also provides that the
reports shall be available to the public, except for any
information they contain related to national security.
Amendments
1998—Subsec. (b). Pub. L. 105–383 substituted “. This
subsection does not require the release of information

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§ 6308

TITLE 46—SHIPPING

described by section 552(b) of title 5 or protected from
disclosure by another law of the United States.” for “, except to the extent that they contain information related
to the national security.”

§ 6306. Penalty
A person attempting to coerce a witness, or to
induce a witness, to testify falsely in connection
with a marine casualty, or to induce a witness to
leave the jurisdiction of the United States, shall
be fined $5,000, imprisoned for one year, or both.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

6306 ..................................... 46:239(i)

Section 6306 provides for a $5,000 criminal penalty for
anyone attempting to coerce or to induce a witness to a
marine casualty investigation to testify falsely or to
leave the jurisdiction of the United States.

§ 6307. Notifications to Congress
(a) The Secretary shall notify the Committee
on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives of
any hearing, before the hearing occurs, investigating a major marine casualty involving a death
under section 6301 of this title.
(b) The Secretary shall submit to a committee
referred to in subsection (a) of this section information on a major marine casualty that is requested by that committee or the chairman of
the committee if the submission of that information is not prohibited by a law of the United States.
(c) The Secretary shall submit annually to Congress a summary of the marine casualties reported during the prior fiscal year, together with a
brief statement of action taken concerning those
casualties.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538; Pub. L.
107–295, title IV, § 408(c)(1), Nov. 25, 2002, 116 Stat.
2117.)
Historical and Revision Notes
Revised section

tigation conducted under section 6301 of this title,
including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in
any civil or administrative proceedings, other than
an administrative proceeding initiated by the United
States.
(b) Any member or employee of the Coast Guard
investigating a marine casualty pursuant to section 6301 of this title shall not be subject to deposition or other discovery, or otherwise testify in
such proceedings relevant to a marine casualty
investigation, without the permission of the Secretary. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely
factual matters at a time and place and in a
manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means.
(c) Nothing in this section prohibits the United
States from calling the employee or member as
an expert witness to testify on its behalf. Further, nothing in this section prohibits the employee or member from being called as a fact witness in any case in which the United States is a
party. If the employee or member is called as an
expert or fact witness, the applicable Federal Rules
of Civil Procedure govern discovery. If the employee or member is called as a witness, the report of a marine casualty investigation conducted under section 6301 of this title shall not be admissible, as provided in subsections (a) and (b),
and shall not be considered the report of an expert under the Federal Rules of Civil Procedure.
(d) The information referred to in subsections
(a), (b), and (c) of this section shall not be considered an admission of liability by the United States
or by any person referred to in those conclusions
and statements.
(Added Pub. L. 104–324, title III, § 313(a), Oct. 19,
1996, 110 Stat. 3921; amended Pub. L. 109–241, title
IX, § 902(e)(2), formerly § 902(e)(2)–(4), July 11, 2006,
120 Stat. 567, renumbered § 902(e)(2) and amended
Pub. L. 111–281, title IX, § 903(a)(5)(B)–(7), Oct. 15,
2010, 124 Stat. 3010.)

Source section (U.S. Code)

References in Text
6307 ..................................... 46:239(j)
33:366

Subsection (a) requires the Secretary to notify the
Merchant Marine and Fisheries Committee and the Senate Commerce Committee in advance of any hearing concerning a major marine accident (as defined by regulation) where there has been a loss of life.
Subsection (b) requires the Coast Guard to supply the
Merchant Marine and Fisheries Committee and the Senate Commerce Committee with any requested marine
casualty information, if its release is not specifically
prohibited by law.
Subsection (c) requires the Secretary to submit an annual report to Congress summarizing the marine casualties reported during the prior fiscal year, with a brief
statement of action taken concerning those casualties.
Amendments
2002—Subsec. (a). Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and
Fisheries”.

§ 6308. Information barred in legal proceedings
(a) Notwithstanding any other provision of law,
no part of a report of a marine casualty inves-

The Federal Rules of Civil Procedure, referred to in
subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2010—Subsecs. (c), (d). Pub. L. 111–281 made technical
amendment to directory language of Pub. L. 109–241, § 902(e).
See 2006 Amendment notes below.
2006—Subsec. (a). Pub. L. 109–241, § 902(e)(2)(B), added
subsec. (a) and struck out former subsec. (a) which read
as follows: “Notwithstanding any other provision of law,
no part of a report of a marine casualty investigation
conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations,
or conclusions, shall be admissible as evidence or subject
to discovery in any civil or administrative proceedings,
other than an administrative proceeding initiated by the
United States. Any employee of the Department of Transportation, and any member of the Coast Guard, investigating a marine casualty pursuant to section 6301 of
this title, shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant
to a marine casualty investigation, without the permission of the Secretary of Transportation. The Secretary
shall not withhold permission for such employee or mem-