---
kind: "section"
citation: "33 U.S.C. § 3842"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3842"
heading: "Investigations and inspections by Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3842"
units:
  - "Chapter 51 — Clean Hulls"
  - "Subchapter III — Prohibitions and Enforcement Authority"
---

# §3842. Investigations and inspections by Secretary

- (a) **In general—** The [Secretary](/usc/33/3801.md?p=10) may conduct investigations and inspections regarding a [vessel](/usc/33/3801.md?p=12)’s compliance with this chapter or the [Convention](/usc/33/3801.md?p=3).
- (b) **Violations; subpoenas—**
  - (1) **In general—** In any investigation under this section, the [Secretary](/usc/33/3801.md?p=10) may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—
    - (A) before the issuance of the subpoena, the [Secretary](/usc/33/3801.md?p=10) requests a determination by the Attorney General of the [United States](/usc/33/3801.md?p=14) as to whether the subpoena will interfere with a criminal investigation; and
    - (B) the Attorney General—
      - (i) determines that the subpoena will not interfere with a criminal investigation; or
      - (ii) fails to make a determination under [clause (i)](#b-1-B-i) before the date that is 30 days after the date on which the [Secretary](/usc/33/3801.md?p=10) makes a request under [subparagraph (A)](#b-1-A).
  - (2) **Enforcement—** In the case of refusal to obey a subpoena issued to any [person](/usc/33/3801.md?p=9) under this subsection, the [Secretary](/usc/33/3801.md?p=10) may request the Attorney General to invoke the aid of the appropriate district court of the [United States](/usc/33/3801.md?p=14) to compel compliance.
- (c) **Further action—** On completion of an investigation, the [Secretary](/usc/33/3801.md?p=10) may take whatever further action the [Secretary](/usc/33/3801.md?p=10) considers appropriate under the [Convention](/usc/33/3801.md?p=3) or this chapter.
- (d) **Cooperation—** The [Secretary](/usc/33/3801.md?p=10) may cooperate with other parties to the [Convention](/usc/33/3801.md?p=3) in the detection of violations and in enforcement of the [Convention](/usc/33/3801.md?p=3). Nothing in this section affects or alters requirements under any other laws.

## Source credit

(Pub. L. 111–281, title X, § 1032, Oct. 15, 2010, 124 Stat. 3028.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
