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Title 33 — Navigation and Navigable WatersRelease 119-73

§3842 Investigations and inspections by Secretary

Title 33 › Chapter CHAPTER 51— - CLEAN HULLS › Subchapter SUBCHAPTER III— - PROHIBITIONS AND ENFORCEMENT AUTHORITY › § 3842

Last updated Apr 6, 2026|Official source

Summary

The Secretary can inspect and investigate vessels to see if they follow this chapter or the Convention. During an investigation, the Secretary can issue a subpoena to require a witness to appear or to get documents, but only after asking the Attorney General if the subpoena would interfere with a criminal investigation. If the Attorney General says it won’t, or does not decide within 30 days, the subpoena may be issued. If someone refuses to obey, the Secretary can ask the Attorney General to ask a federal court to make them comply. When the investigation ends, the Secretary can take any further action allowed under the Convention or this chapter. The Secretary can also work with other Convention parties to find and enforce violations. This does not change requirements in any other law.

Full Legal Text

Title 33, §3842

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary may conduct investigations and inspections regarding a vessel’s compliance with this chapter or the Convention.
(b)(1)In any investigation under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—
(A)before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and
(B)the Attorney General—
(i)determines that the subpoena will not interfere with a criminal investigation; or
(ii)fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A).
(2)In the case of refusal to obey a subpoena issued to any person under this subsection, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance.
(c)On completion of an investigation, the Secretary may take whatever further action the Secretary considers appropriate under the Convention or this chapter.
(d)The Secretary may cooperate with other parties to the Convention in the detection of violations and in enforcement of the Convention. Nothing in this section affects or alters requirements under any other laws.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.

Reference

Citations & Metadata

Citation

33 U.S.C. § 3842

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73