33 U.S.C. § 3842: Investigations and…

Summary

The Secretary can inspect and investigate vessels to make sure they follow this law and the Convention. The Secretary can issue a subpoena (a legal order to bring a witness or documents) in those investigations, but must first ask the U.S. Attorney General whether the subpoena would interfere with any criminal probe. The Attorney General must say it won’t interfere or else fail to decide within 30 days of the request. If someone refuses the subpoena, the Secretary can ask the Attorney General to ask a federal court to force compliance. After an investigation ends, the Secretary may take any actions allowed by the Convention or this law. The Secretary may work with other Convention parties to find and punish violations, and this does not change any other legal requirements.

Title 33, §3842

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

The Secretary may conduct investigations and inspections regarding a vessel’s compliance with this chapter or the Convention.

(b)Violations; subpoenas

(1)In general

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)Enforcement

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)Further action

On completion of an investigation, the Secretary may take whatever further action the Secretary considers appropriate under the Convention or this chapter.

(d)Cooperation

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.

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.

§3842 Investigations and Inspections by Secretary

Summary

Title 33, §3842

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata