
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC6301]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                        Part D--Marine Casualties
 
               CHAPTER 63--INVESTIGATING MARINE CASUALTIES
 
Sec. 6301. Investigation of marine casualties

    The Secretary shall prescribe regulations for the immediate 
investigation of marine casualties under this part to decide, as closely 
as possible--
        (1) the cause of the casualty, including the cause of any death;
        (2) whether an act of misconduct, incompetence, negligence, 
    unskillfulness, or willful violation of law committed by any 
    individual licensed, certificated, or documented under part E of 
    this subtitle has contributed to the cause of the casualty, or to a 
    death involved in the casualty, so that appropriate remedial action 
    under chapter 77 of this title may be taken;
        (3) whether an act of misconduct, incompetence, negligence, 
    unskillfulness, or willful violation of law committed by any person, 
    including an officer, employee, or member of the Coast Guard, 
    contributed to the cause of the casualty, or to a death involved in 
    the casualty;
        (4) whether there is evidence that an act subjecting the 
    offender to a civil penalty under the laws of the United States has 
    been committed, so that appropriate action may be undertaken to 
    collect the penalty;
        (5) whether there is evidence that a criminal act under the laws 
    of the United States has been committed, so that the matter may be 
    referred to appropriate authorities for prosecution; and
        (6) whether there is need for new laws or regulations, or 
    amendment or repeal of existing laws or regulations, to prevent the 
    recurrence of the casualty.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
6301..............................  46:239
------------------------------------------------------------------------

    Section 6301 requires the Secretary to prescribe regulations for the 
immediate investigation of marine casualties in order to determine, as 
closely as possible, the cause of the casualty; whether the actions of 
individuals licensed, certificated, or documented have contributed to 
the cause of the casualty, whether the action of an individual in the 
Coast Guard contributed to the cause of the casualty, whether there is 
evidence that an act subjecting the offender to civil or criminal 
penalty has been committed, and whether there is a need for new laws or 
to amend or repeal existing laws or regulations in order to prevent a 
recurrence of the casualty.


                              Construction

    Section 2(h) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided 
that: ``Chapter 63 of title 46 (as enacted by section 1 of this Act) 
does not supersede section 304(a)(1)(E) of the Independent Safety Board 
Act of 1974 (49 App. U.S.C. 1903(a)(1)(E)) [see 49 U.S.C. 1131(a)(1)(E), 
(b)].''

                  Section Referred to in Other Sections

    This section is referred to in sections 6307, 6308 of this title; 
title 49 section 1133.
