46 U.S.C. § 3315

Disclosure of defects and protection of informants

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(a) Each individual licensed under part E of this subtitle shall assist in the inspection or examination under this part of the vessel on which the individual is serving, and shall point out defects and imperfections known to the individual in matters subject to regulations and inspection. The individual also shall make known to officials designated to enforce this part, at the earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel.(b) An official may not disclose the name of an individual providing information under this section, or the source of the information, to a person except a person authorized by the Secretary. An official violating this subsection is liable to disciplinary action under applicable law.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
3315	46:234

Section 3315 requires an individual holding a license issued by the Coast Guard to assist inspection authorities and to make defects and imperfections known to those authorities. Anyone licensed also has a duty to report any marine casualty producing serious injury to the vessel, its equipment, or individuals on board the vessel. These licensed individuals who have this statutorily imposed duty to disclose are also protected by prohibiting any government official from disclosing the identity or source of the information except as authorized by the Secretary.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.

Anonymous Safety Alert System

Pub. L. 115–265, title II, § 217, Oct. 11, 2018, 132 Stat. 3752, provided that:“(a)Pilot Program.—Not later than 1 year after the date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall establish an anonymous safety alert pilot program.“(b)Requirements.—The pilot program established under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in a timely manner with the Coast Guard.”

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2021–2022 · leading case: Nasser v. Port Imperial Ferry Corp. (E.D.N.Y 2022).

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Nasser v. Port Imperial Ferry Corp. (E.D.N.Y 2022). · cites it 3× “1 This order was amended on January 6, 2022, to clarify certain obligations flowing from 46 U.S.C. § 3315 . The revised order substitutes, on pages 7 and 12, the phrase “licensed individuals” for “shipowners” in two places where the latter reference had initially appeared, and…”

Nasser v. Port Imperial Ferry Corp. (E.D.N.Y 2021). “” See 46 U.S.C. § 3315 . Defendant’s motion for summary judgment on the per se negligence theory is denied.”

Nasser v. Port Imperial Ferry Corp. (E.D.N.Y 2022). “Port Imperial now moves for reconsideration of that order for the limited purpose of clarifying certain obligations flowing from 46 U.S.C. § 3315 . The Court denies Port Imperial’s motion for reconsideration.”

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