republic-os/legal/us/code/title-46/chapter-63/section-6308.md

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LegalText	46 U.S.C. § 6308	Information barred in legal proceedings	us	united_states_code	code_section	46	SHIPPING	63	INVESTIGATING MARINE CASUALTIES	6308	46 U.S.C. § 6308	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip	/us/usc/t46/s6308	data/legal/raw/us/code/title-46/usc46.xml	25fcae31be3f9b37d9598844d26f2b4c4e57b002786f847b0936bbc897710c40	eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f	d5c5cdae99566d4915c0ee6eab37bc19a3b19f54d1daf280662adfad85729e27	2026-07-04	official	legal us-code

46 U.S.C. § 6308 - Information barred in legal proceedings

Text

(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 conducted by the United States.

(b) Any member or employee 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. 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.

(c) 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 subsections (a) and (b), and shall not be considered the report of an expert under the Federal Rules of Civil Procedure.

(d) The information referred to in subsections (a), (b), and (c) 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.

(e) For purposes of this section, an administrative proceeding conducted by the United States includes proceedings under section 7701 and claims adjudicated under section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713).

(Added Pub. L. 104–324, title III, § 313(a), Oct. 19, 1996, 110 Stat. 3921; amended Pub. L. 109–241, title IX, § 902(e)(2), formerly § 902(e)(2)–(4), July 11, 2006, 120 Stat. 567, renumbered § 902(e)(2) and amended Pub. L. 111–281, title IX, § 903(a)(5)(B)–(7), Oct. 15, 2010, 124 Stat. 3010; Pub. L. 119–60, div. G, title LXXIV, § 7402, Dec. 18, 2025, 139 Stat. 1784.)

Notes

Editorial Notes

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

Amendments2025—Subsec. (a). Pub. L. 119–60, § 7402(1), substituted “proceeding conducted” for “proceeding initiated”. Subsec. (e). Pub. L. 119–60, § 7402(2), added subsec. (e). 2010—Subsecs. (c), (d). Pub. L. 111–281 made technical amendment to directory language of Pub. L. 109–241, § 902(e). See 2006 Amendment notes below. 2006—Subsec. (a). Pub. L. 109–241, § 902(e)(2)(B), added subsec. (a) and struck out former subsec. (a) which read as follows: “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.” Subsec. (b). Pub. L. 109–241, § 902(e)(2)(B), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 109–241, § 902(e)(2)(A), (C), formerly § 902(e)(2)(A), (3), renumbered § 902(e)(2)(A), (C) and amended Pub. L. 111–281, § 903(a)(5)(B), (C), (6), redesignated subsec. (b) as (c) and substituted “subsections (a) and (b)” for “subsection (a)”. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109–241, § 902(e)(2)(A), (D), formerly § 902(e)(2)(A), (4), renumbered § 902(e)(2)(A), (D) and amended Pub. L. 111–281, § 903(a)(5)–(7), redesignated subsec. (c) as (d) and substituted “subsections (a), (b), and (c)” for “subsections (a) and (b)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 AmendmentPub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(5)(B)–(7), is effective with enactment of Pub. L. 109–241.