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Title 46, ShippingRelease 119-110

§70035 Investigatory Powers

Title 46 › Subtitle VII — Security and Drug Enforcement › CHAPTER 700 — PORTS AND WATERWAYS SAFETY › SUBCHAPTER IV — DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY › § 70035

Last updated Sep 22, 2026|Official source

Summary

The Secretary can investigate any incident, accident, or act that damages or destroys structures covered by subchapters I through III and this subchapter, or that affects the safety or environmental quality of U.S. ports, harbors, or navigable waters. During an investigation, the Secretary can issue subpoenas to make people attend and to get documents or other evidence. If someone refuses, the Secretary can ask the Attorney General to have a federal district court force compliance. The court can order compliance and punish failure as contempt. Witnesses may receive travel and attendance fees up to the rates allowed in a federal district court.

Full Legal Text

Title 46, §70035

Shipping, Source: USLM XML via OLRC

(a)Secretary.—
The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters I through III and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
(b)Powers.—
In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted “I through III” for “A through C”.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70035

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110