46 U.S.C. § 6307 — Notifications to Congress

Page 125 TITLE 46—SHIPPING § 6307 the United States for the district in which the investigation is conducted or in which the per- son failing to obey is found, shall on proper ap- plication issue an order directing that person to comply with the subpoena. The court may pun- ish as contempt any disobedience of its order. (c) A witness complying with a subpoena 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 inves- tigation under this part may issue subpoenas as provided in this section and administer oaths to witnesses. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 117–263, div. K, title CXVIII, § 11807(a), Dec. 23, 2022, 136 Stat. 4165.) 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 ma- rine 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. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘subpoena’’ for ‘‘sub- pena’’ wherever appearing in text, ‘‘subpoenas’’ for ‘‘subpenas’’ in subsec. (d), and, to reflect the probable intent of Congress, ‘‘Subpoena’’ for ‘‘Subpena’’ in sec- tion catchline. § 6305. Reports of investigations (a) The Secretary shall prescribe regulations about the form and manner of reports of inves- tigations 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. (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 regu- lations about the form and manner of reports of inves- tigations 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. Editorial Notes 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.’’ § 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 Transpor- tation and Infrastructure of the House of Rep- resentatives 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 infor- mation on a major marine casualty that is re- quested by that committee or the chairman of the committee if the submission of that infor- mation is not prohibited by a law of the United States. (c) The Secretary shall submit annually to Congress a summary of the marine casualties re- ported during the prior fiscal year, together with a brief statement of action taken con- cerning 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 Source section (U.S. Code) 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 hear- ing 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 ma- rine casualty information, if its release is not specifi- cally prohibited by law. Subsection (c) requires the Secretary to submit an annual report to Congress summarizing the marine cas- ualties reported during the prior fiscal year, with a brief statement of action taken concerning those cas- ualties. Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–295 substituted ‘‘Trans- portation and Infrastructure’’ for ‘‘Merchant Marine and Fisheries’’. 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 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 con- sidered an admission of liability by the United States or by any person referred to in those con- clusions 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.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Ju- diciary 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 investiga- tion conducted under section 6301 of this title, includ- ing findings of fact, opinions, recommendations, delib- erations, or conclusions, shall be admissible as evi- dence or subject to discovery in any civil or adminis- trative proceedings, other than an administrative pro- ceeding 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 sub- ject to deposition or other discovery, or otherwise tes- tify 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, ei- ther 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.’’ Subsec. (b). Pub. L. 109–241, § 902(e)(2)(B), added sub- sec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 109–241, § 902(e)(2)(A), (C), formerly § 902(e)(2)(A), (3), renumbered § 902(e)(2)(A), (C) and amended Pub. L. 111–281, § 903(a)(5)(B), (C), (6), redesig- nated subsec. (b) as (c) and substituted ‘‘subsections (a) and (b)’’ for ‘‘subsection (a)’’. Former subsec. (c) redes- ignated (d). Subsec. (d). Pub. L. 109–241, § 902(e)(2)(A), (D), for- merly § 902(e)(2)(A), (4), renumbered § 902(e)(2)(A), (D) and amended Pub. L. 111–281, § 903(a)(5)–(7), redesignated subsec. (c) as (d) and substituted ‘‘subsections (a), (b), and (c)’’ for ‘‘subsections (a) and (b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(5)(B)–(7), is effective with enactment of Pub. L. 109–241. § 6309. Voyage data recorder access Notwithstanding any other provision of law, the Coast Guard shall have full, concurrent, and timely access to and ability to use voyage data recorder data and audio held by any Federal agency in all marine casualty investigations, re- gardless of which agency is the investigative lead. (Added Pub. L. 115–265, title II, § 207(a), Oct. 11, 2018, 132 Stat. 3747.) PART E—MERCHANT SEAMEN LI- CENSES, CERTIFICATES, AND DOCU- MENTS 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 indi- viduals who are to be engaged on vessels of the United States. Editorial Notes AMENDMENTS 1985—Pub. L. 99–36, § 1(a)(9)(B), May 15, 1985, 99 Stat. 67, substituted ‘‘Merchant Seamen Licenses, Certifi- cates, and’’ for ‘‘Licenses, Certificates, and Merchant Mariners’ ’’ in part E heading. CHAPTER 71—LICENSES AND CERTIFICATES OF REGISTRY Sec. 7101. Issuing and classifying licenses and certifi- cates of registry. 7102. Citizenship. 7103. Licenses for radio officers. 7104. Certificates for medical doctors and nurses. 7105. Oaths. 7106. Duration of licenses.