---
kind: "section"
citation: "46 U.S.C. § 12140"
title: "46"
title_heading: "Shipping"
number: "12140"
heading: "Investigations by Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/12140"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part H — Identification of Vessels"
  - "Chapter 121 — Documentation of Vessels"
  - "Subchapter III — Miscellaneous"
---

# §12140. Investigations by Secretary

- (a) **In General.—** The [Secretary](/usc/46/2101.md?p=46) 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](/usc/46/2101.md?p=46) 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](/usc/46/2101.md?p=46) 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](/usc/46/2101.md?p=46) makes a request under [subparagraph (A)](#b-1-A) with respect to the subpoena.
  - (2) **Enforcement.—** In the case of a refusal to obey a subpoena issued to any [person](/usc/46/3701.md?p=3) under this section, the [Secretary](/usc/46/2101.md?p=46) may invoke the aid of the appropriate district court of the United States to compel compliance.

## Source credit

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