Collapse to view only § 521. Saving life and property
- § 521. Saving life and property
- § 522. Law enforcement
- § 523. Enforcement authority
- § 524. Enforcement of coastwise trade laws
- § 525. Special agents of the Coast Guard Investigative Service law enforcement authority
- § 526. Stopping vessels; indemnity for firing at or into vessel
- § 527. Safety of vessels of the Armed Forces
- § 528. Protecting against unmanned aircraft
§ 521. Saving life and property
(a) In order to render aid to distressed individuals, vessels, and aircraft on and under the high seas and on and under the waters over which the United States has jurisdiction and in order to render aid to individuals and property imperiled by flood, the Coast Guard may:
(1) perform any and all acts necessary to rescue and aid individuals and protect and save property;
(2) take charge of and protect all property saved from marine or aircraft disasters, or floods, at which the Coast Guard is present, until such property is claimed by individuals legally authorized to receive it or until otherwise disposed of in accordance with law or applicable regulations, and care for bodies of those who may have perished in such catastrophes;
(3) furnish clothing, food, lodging, medicines, and other necessary supplies and services to individuals succored by the Coast Guard; and
(4) destroy or tow into port sunken or floating dangers to navigation.
(b)
(1) Subject to paragraph (2), the Coast Guard may render aid to individuals and protect and save property at any time and at any place at which Coast Guard facilities and personnel are available and can be effectively utilized.
(2) The Commandant shall make full use of all available and qualified resources, including the Coast Guard Auxiliary and individuals licensed by the Secretary pursuant to section 8904(b) of title 46, United States Code, in rendering aid under this subsection in nonemergency cases.
(c) An individual who knowingly and willfully communicates a false distress message to the Coast Guard or causes the Coast Guard to attempt to save lives and property when no help is needed is—
(1) guilty of a class D felony;
(2) subject to a civil penalty of not more than $10,000; and
(3) liable for all costs the Coast Guard incurs as a result of the individual’s action.
(d) The Secretary shall establish a helicopter rescue swimming program for the purpose of training selected Coast Guard personnel in rescue swimming skills, which may include rescue diver training.
(e) An individual who knowingly and willfully operates a device with the intention of interfering with the broadcast or reception of a radio, microwave, or other signal (including a signal from a global positioning system) transmitted, retransmitted, or augmented by the Coast Guard for the purpose of maritime safety is—
(1) guilty of a class E felony; and
(2) subject to a civil penalty of not more than $1,000 per day for each violation.
(Aug. 4, 1949, ch. 393, 63 Stat. 501, § 88; Pub. L. 91–278, § 1(3), June 12, 1970, 84 Stat. 304; Pub. L. 100–448, § 30(a), Sept. 28, 1988, 102 Stat. 1849; Pub. L. 101–595, title IV, § 401, Nov. 16, 1990, 104 Stat. 2989; Pub. L. 104–324, title II, § 213(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 112–213, title II, § 201, Dec. 20, 2012, 126 Stat. 1543; Pub. L. 113–281, title II, § 205(a)(4), Dec. 18, 2014, 128 Stat. 3025; renumbered § 521, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(4), Jan. 1, 2021, 134 Stat. 4748.)
§ 522. Law enforcement
(a) The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering an individual liable to arrest is being, or has been committed, by any individual, such individual shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized.
(b) The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall:
(1) be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and
(2) be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.
(c) The provisions of this section are in addition to any powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers, or any other officers of the United States.
(Aug. 4, 1949, ch. 393, 63 Stat. 502, § 89; Aug. 3, 1950, ch. 536, § 1, 64 Stat. 406; renumbered § 522, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(5), Jan. 1, 2021, 134 Stat. 4748.)
§ 523. Enforcement authoritySubject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, may—
(1) carry a firearm; and
(2) while at a facility (as defined in section 70101 of title 46)—
(A) make an arrest without warrant for any offense against the United States committed in their presence; and
(B) seize property as otherwise provided by law.
(Added Pub. L. 111–281, title II, § 208(a), Oct. 15, 2010, 124 Stat. 2912, § 99; renumbered § 523, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)
§ 524. Enforcement of coastwise trade laws
Officers and members of the Coast Guard are authorized to enforce chapter 551 of title 46. The Secretary shall establish a program for these officers and members to enforce that chapter.
(Added Pub. L. 111–281, title II, § 216(a), Oct. 15, 2010, 124 Stat. 2917, § 100; renumbered § 524, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)
§ 525. Special agents of the Coast Guard Investigative Service law enforcement authority
(a)
(1) A special agent of the Coast Guard Investigative Service designated under subsection (b) has the following authority:
(A) To carry firearms.
(B) To execute and serve any warrant or other process issued under the authority of the United States.
(C) To make arrests without warrant for—
(i) any offense against the United States committed in the agent’s presence; or
(ii) any felony cognizable under the laws of the United States if the agent has probable cause to believe that the individual to be arrested has committed or is committing the felony.
(2) The authorities provided in paragraph (1) shall be exercised only in the enforcement of statutes for which the Coast Guard has law enforcement authority, or in exigent circumstances.
(b) The Commandant may designate to have the authority provided under subsection (a) any special agent of the Coast Guard Investigative Service whose duties include conducting, supervising, or coordinating investigation of criminal activity in programs and operations of the United States Coast Guard.
(c) The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Commandant and approved by the Attorney General and any other applicable guidelines prescribed by the Secretary or the Attorney General.
(Added Pub. L. 100–448, § 10(a), Sept. 28, 1988, 102 Stat. 1842, § 95; amended Pub. L. 105–383, title II, § 205(a), Nov. 13, 1998, 112 Stat. 3415; Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(2), Dec. 20, 2012, 126 Stat. 1557; renumbered § 525, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(6), Jan. 1, 2021, 134 Stat. 4748.)
§ 526. Stopping vessels; indemnity for firing at or into vessel
(a)
(1) Whenever any vessel liable to seizure or examination does not stop on being ordered to do so or on being pursued by an authorized vessel or authorized aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for an authorized vessel or authorized aircraft, the individual in command or in charge of the authorized vessel or authorized aircraft may, subject to paragraph (2), fire at or into the vessel which does not stop.
(2) Before firing at or into a vessel as authorized in paragraph (1), the individual in command or in charge of the authorized vessel or authorized aircraft shall fire a gun as a warning signal, except that the prior firing of a gun as a warning signal is not required if that individual determines that the firing of a warning signal would unreasonably endanger individuals or property in the vicinity of the vessel to be stopped.
(b) The individual in command of an authorized vessel or authorized aircraft and all individuals acting under that individual’s direction shall be indemnified from any penalties or actions for damages for firing at or into a vessel pursuant to subsection (a). If any individual is killed or wounded by the firing, and the individual in command of the authorized vessel or authorized aircraft or any individual acting pursuant to their orders is prosecuted or arrested therefor, they shall be forthwith admitted to bail.
(c) A vessel or aircraft is an authorized vessel or authorized aircraft for purposes of this section if—
(1) it is a Coast Guard vessel or aircraft;
(2) it is a surface naval vessel or military aircraft on which one or more members of the Coast Guard are assigned pursuant to section 379 of title 10; 1
1 See References in Text note below.
or(3) it is any other vessel or aircraft on government noncommercial service when—
(A) the vessel or aircraft is under the tactical control of the Coast Guard; and
(B) at least one member of the Coast Guard is assigned and conducting a Coast Guard mission on the vessel or aircraft.
(Aug. 4, 1949, ch. 393, 63 Stat. 546, § 637; Pub. L. 100–690, title VII, § 7401(a), Nov. 18, 1988, 102 Stat. 4483; Pub. L. 106–65, div. A, title X, § 1022, Oct. 5, 1999, 113 Stat. 746; Pub. L. 108–293, title II, § 205(a)–(c), (e)(1), Aug. 9, 2004, 118 Stat. 1032, 1033; Pub. L. 111–281, title II, § 213(a), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 114–120, title II, § 209(9), Feb. 8, 2016, 130 Stat. 41; renumbered § 526, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(7), Jan. 1, 2021, 134 Stat. 4748.)
§ 527. Safety of vessels of the Armed Forces
(a) The Secretary may control the anchorage and movement of any vessel in the navigable waters of the United States to ensure the safety or security of any vessel of the Armed Forces in those waters.
(b) If the Secretary does not exercise the authority in subsection (a) of this section and immediate action is required, the senior officer present in command may control the anchorage or movement of any vessel in the navigable waters of the United States to ensure the safety and security of any vessel of the Armed Forces under the officer’s command.
(c) If a person violates, or a vessel is operated in violation of, this section or a regulation or order issued under this section, the person or vessel is subject to the enforcement provisions in section 13 1
1 See References in Text note below.
of the Ports and Waterways Safety Act (33 U.S.C. 1232).(d) As used in this section “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.
(e) For purposes of this title, the term “vessel of the Armed Forces” means—
(1) any vessel owned or operated by the Department of Defense or the Coast Guard, other than a time- or voyage-chartered vessel; and
(2) any vessel owned and operated by the Department of Transportation that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in paragraph (1).
(Aug. 4, 1949, ch. 393, 63 Stat. 503, § 91; Pub. L. 99–640, § 10(a)(4), Nov. 10, 1986, 100 Stat. 3549; Pub. L. 109–241, title II, § 201, July 11, 2006, 120 Stat. 519; renumbered § 527 and amended Pub. L. 115–282, title I, § 105(b), title III, § 318(a), Dec. 4, 2018, 132 Stat. 4200, 4251.)
§ 528. Protecting against unmanned aircraftFor the purposes of section 210G(k)(3)(C)(iv) of the Homeland Security Act of 2002, the missions authorized to be performed by the United States Coast Guard shall be those related to—
(1) functions of the U.S. Coast Guard relating to security or protection of facilities and assets assessed to be high-risk and a potential target for unlawful unmanned aircraft activity, including the security and protection of—
(A) a facility, including a facility that is under the administrative control of the Commandant; and
(B) a vessel (whether moored or underway) or an aircraft, including a vessel or aircraft—
(i) that is operated by the Coast Guard, or that the Coast Guard is assisting or escorting; and
(ii) that is directly involved in a mission of the Coast Guard pertaining to—(I) assisting or escorting a vessel of the Department of Defense;(II) assisting or escorting a vessel of national security significance, a high interest vessel, a high capacity passenger vessel, or a high value unit, as those terms are defined by the Secretary;(III)section 527(a) of this title;(IV) assistance in protecting the President or the Vice President (or other officer next in order of succession to the Office of the President) pursuant to the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note);(V) protection of a National Special Security Event and Special Event Assessment Rating events;(VI) air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; or(VII) a search and rescue operation; and
(2) missions directed by the Secretary pursuant to 210G(k)(3)(C)(iii) 1
1 So in original. Probably should be preceded by “section”.
of the Homeland Security Act of 2002.(Added Pub. L. 115–254, div. H, § 1603(a), Oct. 5, 2018, 132 Stat. 3529, § 104; renumbered § 528 and amended Pub. L. 115–282, title I, §§ 105(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4200, 4240.)