§ 637. — Stopping vessels; immunity for firing at or into vessel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC637]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 17--ADMINISTRATION
Sec. 637. Stopping vessels; immunity for firing at or into
vessel
(a) 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 person in command or in charge of the
authorized vessel or authorized aircraft may, after a gun has been fired
by the authorized vessel or authorized aircraft as a warning signal,
fire at or into the vessel which does not stop.
(b) The person in command of an authorized vessel or authorized
aircraft and all persons acting under that person'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 person is killed or
wounded by the firing, and the person in command of the authorized
vessel or authorized aircraft or any person 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 on which one or more members of
the Coast Guard are assigned pursuant to section 379 of title 10; or
(3) subject to subsection (d), it is a naval aircraft that has
one or more members of the Coast Guard on board and is operating
from a surface naval vessel described in paragraph (2).
(d)(1) The inclusion of naval aircraft as an authorized aircraft for
purposes of this section shall be effective only after the end of the
30-day period beginning on the date the report required by paragraph (2)
is submitted through September 30, 2001.
(2) Not later than August 1, 2000, the Secretary of Defense shall
submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate a
report containing--
(A) an analysis of the benefits and risks associated with using
naval aircraft to perform the law enforcement activities authorized
by subsection (a);
(B) an estimate of the extent to which the Secretary expects to
implement the authority provided by this section; and
(C) an analysis of the effectiveness and applicability to the
Department of Defense of the Coast Guard program known as the ``New
Frontiers'' program.
(Aug. 4, 1949, ch. 393, 63 Stat. 546; Pub. L. 100-690, title VII,
Sec. 7401(a), Nov. 18, 1988, 102 Stat. 4483; Pub. L. 106-65, div. A,
title X, Sec. 1022, Oct. 5, 1999, 113 Stat. 746.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Sec. 68 (R.S. 2765).
Aircraft are included within the protective terms of this section
which permits aircraft to stop vessels but makes no provision for
stopping aircraft.
Changes were made in phraseology. 81st Congress, House Report No.
557.
Amendments
1999--Subsec. (c)(3). Pub. L. 106-65, Sec. 1022(a), added par. (3).
Subsec. (d). Pub. L. 106-65, Sec. 1022(b), added subsec. (d).
1988--Pub. L. 100-690 substituted ``immunity for firing at or into
vessel'' for ``immunity of Coast Guard officer'' in section catchline,
and amended text generally. Prior to amendment, text read as follows:
``(a) Whenever any vessel liable to seizure or examination does not
bring-to, on being ordered to do so or on being chased by any Coast
Guard vessel or aircraft which has displayed the ensign, pennant, or
other identifying insignia prescribed for vessels or aircraft of the
Coast Guard, the person in command or in charge of such Coast Guard
vessel or such Coast Guard aircraft may, after a gun has been fired by
the Coast Guard vessel or aircraft as a warning signal, fire at or into
such vessel which does not bring-to.
``(b) The person in command of such Coast Guard vessel or such Coast
Guard aircraft and all persons acting by or under his direction shall be
indemnified from any penalties or actions for damages for so doing. If
any person is killed or wounded by such firing, and the person in
command of the Coast Guard vessel or aircraft or any person acting
pursuant to his orders is prosecuted or arrested therefor, he shall be
forthwith admitted to bail.''
