US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 63: Investigating marine casualties

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping

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46 USC CHAPTER 63 - INVESTIGATING MARINE CASUALTIES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-MISC1-

Sec.

6301. Investigation of marine casualties.

6302. Public investigations.

6303. Rights of parties in interest.

6304. Subpena authority.

6305. Reports of investigations.

6306. Penalty.

6307. Notifications to Congress.

6308. 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, Sec. 313(b), Oct. 19, 1996,

110 Stat. 3922, added item 6308.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6101, 7705 of this title.

-End-

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46 USC Sec. 6301 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

Sec. 6301. Investigation of marine casualties

-STATUTE-

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 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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6301 46:239

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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

Section 2(h) of Pub. L. 98-89, 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)]."

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6307, 6308 of this title;

title 49 section 1133.

-End-

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46 USC Sec. 6302 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

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Sec. 6302. Public investigations

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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

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

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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.

-End-

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46 USC Sec. 6303 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

Sec. 6303. Rights of parties in interest

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6303 46:239(d)

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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.

-End-

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46 USC Sec. 6304 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

Sec. 6304. Subpena authority

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6304 46:239(e)

46:239(f)

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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.

-End-

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46 USC Sec. 6305 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

Sec. 6305. Reports of investigations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 105-383, title

III, Sec. 305, Nov. 13, 1998, 112 Stat. 3420.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6305 46:239(g)

46:239(k)

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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 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."

-End-

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46 USC Sec. 6306 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

Sec. 6306. Penalty

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6306 46:239(i)

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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.

-End-

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46 USC Sec. 6307 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

Sec. 6307. Notifications to Congress

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 107-295, title

IV, Sec. 408(c)(1), Nov. 25, 2002, 116 Stat. 2117.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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6307 46:239(j)

33:366

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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".

-End-

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46 USC Sec. 6308 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-

Sec. 6308. Information barred in legal proceedings

-STATUTE-

(a) 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 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.

(b) 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 subsection (a), and shall not be considered the report

of an expert under the Federal Rules of Civil Procedure.

(c) The information referred to in subsections (a) and (b) 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.

-SOURCE-

(Added Pub. L. 104-324, title III, Sec. 313(a), Oct. 19, 1996, 110

Stat. 3921.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (b),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-TRANS-

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.

-End-

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46 USC Part E - Merchant Seamen Licenses, Certificates,

and Documents 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

-HEAD-

PART E - MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

-MISC1-

HISTORICAL AND REVISION NOTES

Part E establishes the authority for the Coast Guard to issue,

suspend, and revoke licenses, certificates of registry, and

merchant mariner's documents for individuals who are to be engaged

on vessels of the United States.

AMENDMENTS

1985 - Pub. L. 99-36, Sec. 1(a)(9)(B), May 15, 1985, 99 Stat. 67,

substituted "Merchant Seamen Licenses, Certificates, and" for

"Licenses, Certificates, and Merchant Mariners' " in part E

heading.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3315, 6301, 14305, 70105 of

this title.

-End-