§ 6308. Information barred in legal proceedings

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(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.)

Connections17 cite this · traces to 2

Cited by 17 sections · top 4

statutes-at-large

Public Law 111–281
To authorize appropriations for the Coast Guard for fiscal year 2011, and for other purposes

Traces to 2 documents

U.S. Code

18 references not yet in our index

Pub. L. 104–324, title III, § 313(a)
110 Stat. 3921
Pub. L. 109–241, title IX, § 902(e)(2)
120 Stat. 567
Pub. L. 111–281, title IX, § 903(a)(5)(B)
124 Stat. 3010
Pub. L. 119–60, div. G, title LXXIV, § 7402
139 Stat. 1784
Pub. L. 119–60, § 7402(1)
Pub. L. 119–60, § 7402(2)
Pub. L. 111–281
Pub. L. 109–241, § 902(e)
Pub. L. 109–241, § 902(e)(2)(B)
Pub. L. 109–241, § 902(e)(2)(A)
Pub. L. 111–281, § 903(a)(5)(B)
Pub. L. 111–281, § 903(a)(5)
Pub. L. 111–281, title IX, § 903(a)
Pub. L. 109–241

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cites case law

§ 6308

Information barred in legal proceedings

Fed. Reg.×15

Stat.×2

U.S.C.§ 6301

U.S.C.§ 2713

Pub. L.Pub. L. 104–324, title III, § 313(a)

Stat.110 Stat. 3921

Pub. L.Pub. L. 109–241, title IX, § 902(e)(2)

Stat.120 Stat. 567

Pub. L.Pub. L. 111–281, title IX, § 903(a)(5)(B)

Cites 20 · showing 7Cited by 17 across 2 sources