46 U.S.C. § 6304: Subpoena authority

Summary

Investigators can use subpoenas (legal orders) to make people come to hearings, testify, or hand over evidence during investigations under this law. Those subpoenas carry the same power as a U.S. district court in the federal district where the investigation happens. If someone won’t follow a subpoena, a federal district court can order them to comply and can punish disobedience as contempt. Witnesses who obey may get paid for travel and attendance at the same rates used in U.S. district courts. An official running the investigation may issue subpoenas and give oaths to witnesses.

Title 46, §6304

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(a)In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpoena. The subpoena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted.

(b)When a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. The court may punish 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 investigation under this part may issue subpoenas as provided in this section and administer oaths to witnesses.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 630446:239(e)46:239(f) section 6304 provides an officer investigating a marine 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 “subpena” wherever appearing in text, “subpoenas” for “subpenas” in subsec. (d), and, to reflect the probable intent of Congress, “Subpoena” for “Subpena” in section catchline.

§6304 Subpoena Authority