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

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

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

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Stable record: federal_law:legal_authorities:record_usc_427bc51a004d381183215823
Source file: Laws/federal/codes/united-states-code/title-46/section-6308-information-barred-in-legal-proceedings--6a116cc180.md
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Source location: Title 46, Chapter 63, § 6308; chapter-063-investigating-marine-casualties.md

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**(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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6301&num=0&edition=prelim) 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. **(e)** For purposes of this section, an administrative proceeding conducted by the United States includes proceedings under section 7701 and claims adjudicated under section 1013 of the Oil Pollution Act of 1990 ([33 U.S.C. 2713](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim)).

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

33 U.S.C. § 2713 — Claims procedure

**(a) Presentation** Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under [section 2714(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/a&num=0&edition=prelim). **(b) Presentation to Fund** (1) **In general** — Claims for removal costs or damages may be presented first to the Fund— (A) if the President has advertised or otherwise notified claimants in accordance with [section 2714(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/c&num=0&edition=prelim); (B) by a responsible party who may assert a claim under [section 2708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2708&num=0&edition=prelim); (C) by the Governor of a State for removal costs incurred by that State; or (D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under [section 2712(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2712/a&num=0&edition=prelim). (2) **Limitation on presenting claim** — No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim. **(c) Election** If a claim is presented in accordance with subsection (a) and— (1) each person to whom the claim is presented denies all liability for the claim, or (2) the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to [section 271

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

33 U.S.C. § 2713 — Claims procedure

Page 890 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2713 ‘‘(2) not later than 3 months after the close of the comment period for such proposed regulations, pro- mulgate final regulations for that purpose.’’ Subsecs. (f) to (l). Pub. L. 117–263, § 11314(3), redesig- nated subsecs. (h), (i), (j), (k), and (l) as (f), (g), (h), (i), and (j), respectively. Former subsec. (f) redesignated (e). 2021—Subsec. (a)(5)(A). Pub. L. 116–283, § 8513(c), sub- stituted ‘‘operations and support’’ for ‘‘operating ex- penses’’. Subsec. (a)(6). Pub. L. 116–283, § 8303(b), struck out par. (6) which read as follows: ‘‘the making of loans pursuant to the program established under section 2713(f) of this title.’’ Subsec. (b). Pub. L. 116–283, § 8302(a), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). 2018—Subsec. (g). Pub. L. 115–282, § 816(1), struck out subsec. (g) which related to audits. Subsec. (l)(1). Pub. L. 115–282, § 816(2), substituted ‘‘Each year, on the date on which the President sub- mits to Congress a budget under section 1105 of title 31,’’ for ‘‘Within one year after October 15, 2010, and an- nually thereafter,’’ in introductory provisions. Subsec. (l)(2). Pub. L. 115–282, § 816(3), amended par. (2) generally. Prior to amendment, text read as follows: ‘‘The report shall include— ‘‘(A) a list of each disbursement of $250,000 or more from the Fund during the preceding fiscal year; and ‘‘(B) a description of how each such use of the Fund meets the requirements of subsection (a).’’ 2010—Subsec. (a)(5)(B) to (D). Pub. L. 111–281, § 708(a), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (g). Pub. L. 111–281, § 708(b)(1), added subsec. (g) and struck out former subsec. (g

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2713

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

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

Page 126 TITLE 46—SHIPPING § 6308 § 6308. Information barred in legal proceedings (a) Notwithstanding any other provision of law, no part of a report of a marine casualty in- vestigation conducted under section 6301 of this title, including findings of fact, opinions, rec- ommendations, deliberations, or conclusions, shall be admissible as evidence or subject to dis- covery in any civil or administrative pro- ceedings, other than an administrative pro- ceeding 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 with- hold 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 be- half. 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 applica- ble Federal Rules of Civil Procedure govern dis- covery. If the employee or member is called as a witness, the report of a marine casualty inves- tigation conducted under section 6301 of this title shall not be admissible, as provided in sub- sections (a) and (b), and shall not be considered the report o

Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 6308

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