2020 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part H - Identification of Vessels
Chapter 121 - Documentation of Vessels
Subchapter III - Miscellaneous
Sec. 12140 - Investigations by Secretary

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Citation 46 U.S.C. § 12140 (2020)
Section Name §12140. Investigations by Secretary
Section Text

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

(b) Authority To Obtain Evidence.—

(1) In general.—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) Enforcement.—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.)

Publication Title United States Code, 2018 Edition, Supplement 2, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part H - Identification of Vessels
CHAPTER 121 - DOCUMENTATION OF VESSELS
SUBCHAPTER III - MISCELLANEOUS
Sec. 12140 - Investigations by Secretary
Contains section 12140
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law Yes
Disposition standard
Statutes at Large References 126 Stat. 1566
Public Law References Public Law 112-213
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