46 USC § 12140 - Investigations by Secretary

---
identifier: "/us/usc/t46/s12140"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 12140 - Investigations by Secretary"
title_number: 46
title_name: "SHIPPING"
section_number: "12140"
section_name: "Investigations by Secretary"
chapter_number: 121
chapter_name: "DOCUMENTATION OF VESSELS"
subchapter_number: "III"
subchapter_name: "MISCELLANEOUS"
part_number: "H"
part_name: "Identification of Vessels"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 112–213, title III, § 308(a), Dec. 20, 2012, 126 Stat. 1566.)"
---


# § 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.

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**Source Credit**: (Added Pub. L. 112–213, title III, § 308(a), Dec. 20, 2012, 126 Stat. 1566.)