Title 46 — ShippingRelease 119-73not60

§12140 Investigations by Secretary

Title 46 › Subtitle Subtitle II— Vessels and Seamen › Part H— Identification of Vessels › Chapter 121— DOCUMENTATION OF VESSELS › Subchapter III— MISCELLANEOUS › § 12140

Last updated Apr 5, 2026|Official source

Summary

The Secretary can investigate and inspect to check if people follow this chapter and its rules. For those investigations, the Secretary may issue a subpoena to require a witness to appear or to get documents, but only after first asking the Attorney General whether the subpoena is reasonable and would not interfere with a criminal investigation. If the Attorney General says it is okay, or does not respond within 30 days of the request, the Secretary may issue the subpoena. If someone refuses to obey a subpoena, the Secretary can ask the proper U.S. district court to force them to comply.

Full Legal Text

Title 46, §12140

Shipping — Source: USLM XML via OLRC

(a)The Secretary may conduct investigations and inspections regarding compliance with this chapter and regulations prescribed under this chapter.

(b)(1)For the purposes of any investigation conducted under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence relevant to the matter under investigation if—

(A)before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the subpoena—

(i)is reasonable; and

(ii)will interfere with a criminal investigation; and

(B)the Attorney General—

(i)determines that the subpoena is reasonable and will not interfere with a criminal investigation; or

(ii)fails to make a determination with respect to the subpoena before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A) with respect to the subpoena.

(2)In the case of a refusal to obey a subpoena issued to any person under this section, the Secretary may invoke the aid of the appropriate district court of the United States to compel compliance.

Reference

Citations & Metadata

Citation

46 U.S.C. § 12140

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60