46 U.S.C. § 12140 — Investigations by Secretary
submitted 14 years ago by Pub. L. 112-213 to r/title-46-SHIPPING · 196 words · no verdicts yet
The Secretary may investigate and inspect compliance with this chapter's rules. Before subpoenaing a witness or documents, the Secretary must ask the Attorney General whether it's reasonable and won't interfere with a criminal case. If someone ignores a subpoena, the Secretary can ask a federal court to enforce it.
(a) In general. The Secretary may conduct investigations and inspections regarding compliance with this chapter and its regulations.
(b) Authority to obtain evidence. (1) For such an investigation, the Secretary may subpoena a witness or documents or other evidence relevant to the matter, if (A) before issuing the subpoena, the Secretary asks the Attorney General to determine whether it is reasonable and won't interfere with a criminal investigation, and (B) the Attorney General either (i) determines it is reasonable and won't interfere, or (ii) fails to decide within 30 days of the Secretary's request. (2) If someone refuses to obey a subpoena issued under this section, the Secretary may ask the appropriate US district court to compel compliance.
The Secretary may conduct investigations and inspections regarding compliance with this chapter and regulations prescribed under this chapter.
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—
before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the subpoena—
is reasonable; and
will interfere with a criminal investigation; and
the Attorney General—
determines that the subpoena is reasonable and will not interfere with a criminal investigation; or
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.
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.
Source credit: (Added Pub. L. 112–213, title III, § 308(a), Dec. 20, 2012, 126 Stat. 1566.)
- 2012Enacted · Pub. L. 112-213 · 126 Stat. 1566
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-213 on 2012-12-20.
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