14 U.S.C. § 526 — Stopping vessels; indemnity for firing at or

Page 51 TITLE 14—COAST GUARD § 526 ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CANINE CURRENCY DETECTION TEAM.—The term ‘canine currency detection team’ means a canine and a canine handler that are trained to detect currency. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating. ‘‘(b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2018], the Sec- retary shall establish a program to allow the use of ca- nine currency detection teams for purposes of Coast Guard maritime law enforcement, including underway vessel boardings. ‘‘(c) OPERATION.—The Secretary may cooperate with, or enter into an agreement with, the head of another Federal agency to meet the requirements under sub- section (b).’’ § 523. Enforcement authority Subject to guidelines approved by the Sec- retary, members of the Coast Guard, in the per- formance 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 com- mitted 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 99 of this title as this section. § 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 of- ficers 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 100 of this title as this section. § 525. Special agents of the Coast Guard Inves- tigative Service law enforcement authority (a)(1) A special agent of the Coast Guard In- vestigative 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 ar- rested 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 en- forcement authority, or in exigent cir- cumstances. (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, super- vising, 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 guide- lines prescribed by the Commandant and ap- proved by the Attorney General and any other applicable guidelines prescribed by the Sec- retary 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.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(1)(C)(ii). Pub. L. 116–283 substituted ‘‘individual’’ for ‘‘person’’. 2018—Pub. L. 115–282 renumbered section 95 of this title as this section. 2012—Subsec. (c). Pub. L. 112–213 struck out ‘‘of Homeland Security’’ after ‘‘Secretary’’. 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1998—Pub. L. 105–383 substituted ‘‘Special agents of the Coast Guard Investigative Service law enforcement authority’’ for ‘‘Civilian agents authorized to carry firearms’’ as section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Under regulations prescribed by the Secretary with the approval of the Attorney General, civilian special agents of the Coast Guard may carry firearms or other appropriate weapons while assigned to official inves- tigative or law enforcement duties.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. § 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 ves- sel or authorized aircraft which has displayed the ensign, pennant, or other identifying insig- nia prescribed for an authorized vessel or au- thorized aircraft, the individual in command or in charge of the authorized vessel or authorized Page 52 TITLE 14—COAST GUARD § 527 1 See References in Text note below. 1 See References in Text note below. 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 author- ized in paragraph (1), the individual in command or in charge of the authorized vessel or author- ized aircraft shall fire a gun as a warning signal, except that the prior firing of a gun as a warn- ing signal is not required if that individual de- termines 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 author- ized vessel or authorized aircraft and all individ- uals acting under that individual’s direction shall be indemnified from any penalties or ac- tions 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 indi- vidual in command of the authorized vessel or authorized aircraft or any individual acting pur- suant 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 sec- tion 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 or (3) it is any other vessel or aircraft on gov- ernment noncommercial service when— (A) the vessel or aircraft is under the tac- tical 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.) 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. Editorial Notes REFERENCES IN TEXT Section 379 of title 10, referred to in subsec. (c)(2), was renumbered section 279 of title 10 by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 8505(a)(7)(A), (B), substituted ‘‘individual’’ for ‘‘person’’ wherever appear- ing, and substituted ‘‘individuals’’ for ‘‘persons’’ in par. (2). Subsec. (b). Pub. L. 116–283, § 8505(a)(7), substituted ‘‘individual’’ for ‘‘person’’ wherever appearing, and sub- stituted ‘‘individuals’’ for ‘‘persons’’ and ‘‘individual’s’’ for ‘‘person’s’’. 2018—Pub. L. 115–282 renumbered section 637 of this title as this section. 2016—Subsec. (c)(3). Pub. L. 114–120 inserted ‘‘it is’’ before ‘‘any’’ in introductory provisions. 2010—Subsec. (c)(3). Pub. L. 111–281 added par. (3). 2004—Pub. L. 108–293, § 205(e)(1), substituted ‘‘indem- nity’’ for ‘‘immunity’’ in section catchline. Subsec. (a). Pub. L. 108–293, § 205(a), designated exist- ing provisions as par. (1), substituted ‘‘subject to para- graph (2),’’ for ‘‘after a gun has been fired by the au- thorized vessel or authorized aircraft as a warning sig- nal,’’, and added par. (2). Subsec. (c). Pub. L. 108–293, § 205(b), inserted ‘‘or’’ after the semicolon at end of par. (1), inserted ‘‘or mili- tary aircraft’’ after ‘‘surface naval vessel’’ and sub- stituted a period for ‘‘; or’’ in par. (2), and struck out par. (3) which read as follows: ‘‘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).’’ Subsec. (d). Pub. L. 108–293, § 205(c), struck out subsec. (d) which related to inclusion of naval aircraft as au- thorized aircraft for purposes of this section. 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 offi- cer’’ in section catchline, and amended text generally. Prior to amendment, text read as follows: ‘‘(a) Whenever any vessel liable to seizure or exam- ination 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 iden- tifying 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 ves- sel 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 ves- sel 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 per- son in command of the Coast Guard vessel or aircraft or any person acting pursuant to his orders is pros- ecuted or arrested therefor, he shall be forthwith ad- mitted to bail.’’ § 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 au- thority in subsection (a) of this section and im- mediate action is required, the senior officer present in command may control the anchorage or movement of any vessel in the navigable wa- ters 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 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