46 U.S.C. § 12140

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 12140 - Investigations by Secretary
(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.

46 U.S.C. § 12140

Added Pub. L. 112-213, title III, §308(a), Dec. 20, 2012, 126 Stat. 1566.