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46 U.S.C. § 6301 — Investigation of marine casualties

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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 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.

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Stable record: federal_law:legal_authorities:record_usc_29670d89454254a9dad57c6a
Source file: Laws/federal/codes/united-states-code/title-46/section-6301-investigation-of-marine-casualties--9256a6edb4.md
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Source location: Title 46, Chapter 63, § 6301; chapter-063-investigating-marine-casualties.md

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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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6301&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 6308 — Information barred in legal proceedings

**(a)** Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under [section 6301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6301&num=0&edition=prelim), 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 conducted by the United States. **(b)** Any member or employee of the Coast Guard investigating a marine casualty pursuant to [section 6301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6301&num=0&edition=prelim) 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](https://u

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 6308

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 6301 — Investigation of marine casualties

Page 124 TITLE 46—SHIPPING § 6301 § 6301. Investigation of marine casualties The Secretary shall prescribe regulations for the immediate investigation of marine casual- ties under this part to decide, as closely as pos- sible— (1) the cause of the casualty, including the cause of any death; (2) whether an act of misconduct, incom- petence, 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 ac- tion under chapter 77 of this title may be taken; (3) whether an act of misconduct, incom- petence, negligence, unskillfulness, or willful violation of law committed by any person, in- cluding an officer, employee, or member of the Coast Guard, contributed to the cause of the casualty, or to a death involved in the cas- ualty; (4) whether there is evidence that an act sub- jecting the offender to a civil penalty under the laws of the United States has been com- mitted, so that appropriate action may be un- dertaken 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 pros- ecution; and (6) whether there is need for new laws or reg- ulations, 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 regu- lations for the immediate investiga

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