
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC6308]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                        Part D--Marine Casualties
 
               CHAPTER 63--INVESTIGATING MARINE CASUALTIES
 
Sec. 6308. Information barred in legal proceedings

    (a) Notwithstanding any other provision of law, no part of a report 
of a marine casualty investigation conducted under section 6301 of this 
title, including findings of fact, opinions, recommendations, 
deliberations, or conclusions, shall be admissible as evidence or 
subject to discovery in any civil or administrative proceedings, other 
than an administrative proceeding initiated by the United States. Any 
employee of the Department of Transportation, and any member of the 
Coast Guard, investigating a marine casualty pursuant to section 6301 of 
this title, shall not be subject to deposition or other discovery, or 
otherwise testify in such proceedings relevant to a marine casualty 
investigation, without the permission of the Secretary of 
Transportation. The Secretary shall not withhold permission for such 
employee or member to testify, either orally or upon written questions, 
on solely factual matters at a time and place and in a manner acceptable 
to the Secretary if the information is not available elsewhere or is not 
obtainable by other means.
    (b) Nothing in this section prohibits the United States from calling 
the employee or member as an expert witness to testify on its behalf. 
Further, nothing in this section prohibits the employee or member from 
being called as a fact witness in any case in which the United States is 
a party. If the employee or member is called as an expert or fact 
witness, the applicable Federal Rules of Civil Procedure govern 
discovery. If the employee or member is called as a witness, the report 
of a marine casualty investigation conducted under section 6301 of this 
title shall not be admissible, as provided in subsection (a), and shall 
not be considered the report of an expert under the Federal Rules of 
Civil Procedure.
    (c) The information referred to in subsections (a) and (b) of this 
section shall not be considered an admission of liability by the United 
States or by any person referred to in those conclusions and statements.

(Added Pub. L. 104-324, title III, Sec. 313(a), Oct. 19, 1996, 110 Stat. 
3921.)

                       References in Text

    The Federal Rules of Civil Procedure, referred to in subsec. (b), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.
