§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, §7401(a), Nov. 18, 1988, 102 Stat. 4483 ; Pub. L. 106–65, div. A, title X, §1022, Oct. 5, 1999, 113 Stat. 746 .)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §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, §1022(a), added par. (3).

Subsec. (d). Pub. L. 106–65, §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."

Cross References

Claims for damages-

Military and civilian personnel, see section 3721 of Title 31, Money and Finance.

Property of United States, see section 647 of this title.

Settlement of claims incident to activities of Coast Guard, see section 2733 of Title 10, Armed Forces.

Vessels, adjustment by Secretary, see section 646 of this title.

Searches and seizures, see section 89 of this title.