14 U.S.C. § 521 — Saving life and property

Page 48 TITLE 14—COAST GUARD § 521 (1) to provide the documentation needed by the General Services Administration to proc- ess a request for aircraft or vessels as if the re- quest were being processed under section 102.37.225 of title 41, Code of Federal Regula- tions, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022; (2) to comply with the special terms, condi- tions, and restrictions imposed on aircraft and vessels under section 102.37.460 of such title, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022; (3) to make the vessel available to the United States Government if it is needed for use by the Commandant in time of war or a national emergency; and (4) to hold the United States Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls, that occurs after conveyance of the vessel, except for claims arising from use of the vessel by the United States Government under paragraph (3). (c) OTHER OBLIGATIONS UNAFFECTED.—Nothing in this section amends or affects any obligation of the Coast Guard or any other person under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law regarding use or dis- posal of hazardous materials including asbestos and polychlorinated biphenyls. (d) ELIGIBLE ENTITY DEFINED.—In this section, the term ‘‘eligible entity’’ means a State or local government, nonprofit corporation, edu- cational agency, community development orga- nization, or other entity that agrees to comply with the conditions established under this sec- tion. (Added and amended Pub. L. 117–263, div. K, title CXII, § 11258(a), (c), Dec. 23, 2022, 136 Stat. 4057.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(1), (2), is the date of enactment of div. K of Pub. L. 117–263, which was approved Dec. 23, 2022. The Toxic Substances Control Act, referred to in sub- sec. (c), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. CODIFICATION Pub. L. 111–281, title IX, § 914, Oct. 15, 2010, 124 Stat. 3018, formerly set out as a note under section 501 of this title, was redesignated as this section, transferred to appear after section 509 of this title, and amended so that the enumerator, section catchline, typeface, and typestyle conformed to those appearing in other sec- tions of this title by Pub. L. 117–263, § 11258(a). PRIOR PROVISIONS A prior section 510 was renumbered section 2762 of this title. For redesignation of prior sections 511 to 520, see Table Showing Redesignations Made by Title I of Pub. L. 115–282 preceding section 101 of this title. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 11258(c)(1), amend- ed subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Whenever the transfer of ownership of a Coast Guard vessel or aircraft to an eligible entity for use for educational, cultural, historical, charitable, recreational, or other public purposes is authorized by law or declared excess by the Commandant, the Coast Guard shall transfer the vessel or aircraft to the Gen- eral Services Administration for conveyance to the eli- gible entity.’’ Subsec. (b)(1). Pub. L. 117–263, § 11258(c)(2)(A), inserted ‘‘as if the request were being processed’’ after ‘‘vessels’’ and ‘‘, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022’’ after ‘‘Code of Federal Regulations’’. Subsec. (b)(2). Pub. L. 117–263, § 11258(c)(2)(B), inserted ‘‘, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022’’ after ‘‘such title’’. Subsec. (b)(3). Pub. L. 117–263, § 11258(c)(2)(C), struck out ‘‘of the Coast Guard’’ after ‘‘Commandant’’. SUBCHAPTER II—LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 105(c)(2), Dec. 4, 2018, 132 Stat. 4202, inserted subchapter II designation and head- ing. § 521. Saving life and property (a) In order to render aid to distressed individ- uals, 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 res- cue 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 other- wise disposed of in accordance with law or ap- plicable regulations, and care for bodies of those who may have perished in such catas- trophes; (3) furnish clothing, food, lodging, medi- cines, and other necessary supplies and serv- ices to individuals succored by the Coast Guard; and (4) destroy or tow into port sunken or float- ing 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 at- tempt 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 Page 49 TITLE 14—COAST GUARD § 521 (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 res- cue swimming skills, which may include rescue diver training. (e) An individual who knowingly and willfully operates a device with the intention of inter- fering 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; renum- bered § 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.) HISTORICAL AND REVISION NOTES Derived from title 14, U.S.C., 1946 ed., §§ 29, 53, 55, 60, 61, 62, 63, 104, and title 34, U.S.C., 1946 ed., § 471 (R.S. 1536, R.S. 2759; June 18, 1878, ch. 265, § 4, 20 Stat. 163; Apr. 19, 1906, ch. 1640, §§ 1–3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 24, 1914, ch. 124, 38 Stat. 387; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786). This section broadens existing law in that it author- izes the Coast Guard to engage in saving life and prop- erty in the broadest possible terms, without limitation as to place. This section reflects existing sentiment as to Coast Guard functions in relation to saving life and property. There is no intention to supersede or conflict with the present authority of the Civil Aeronautics Board to investigate certain aircraft wrecks. 81st Con- gress, House Report No. 557. Editorial Notes AMENDMENTS 2021—Subsecs. (a), (b)(1). Pub. L. 116–283 substituted ‘‘individuals’’ for ‘‘persons’’ wherever appearing. 2018—Pub. L. 115–282 renumbered section 88 of this title as this section. 2014—Subsec. (c)(2). Pub. L. 113–281 substituted ‘‘$10,000’’ for ‘‘$5,000’’. 2012—Subsec. (e). Pub. L. 112–213 added subsec. (e). 1996—Subsec. (d). Pub. L. 104–324 added subsec. (d). 1990—Subsec. (c). Pub. L. 101–595 added subsec. (c). 1988—Subsec. (b). Pub. L. 100–448 designated existing provisions as par. (1), substituted ‘‘Subject to para- graph (2), the Coast Guard’’ for ‘‘The Coast Guard’’, and added par. (2). 1970—Subsec. (a). Pub. L. 91–278 substituted ‘‘on and under the high seas and on and under the waters’’ for ‘‘on the high seas and on waters’’ in introductory text. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM Pub. L. 117–263, div. K, title CXII, § 11207, Dec. 23, 2022, 136 Stat. 4010, provided that: ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Com- mandant [of the Coast Guard] shall, subject to the availability of appropriations, establish a pilot pro- gram to improve the issuance of alerts to facilitate co- operation with the public to render aid to distressed in- dividuals under section 521 of title 14, United States Code. ‘‘(b) PILOT PROGRAM CONTENTS.—In carrying out the pilot program established under subsection (a), the Commandant shall, to the maximum extent possible— ‘‘(1) include a voluntary opt-in program under which members of the public, as appropriate, and the entities described in subsection (c), may receive noti- fications on cellular devices regarding Coast Guard activities to render aid to distressed individuals under section 521 of title 14, United States Code; ‘‘(2) cover areas located within the area of responsi- bility of 3 different Coast Guard sectors in diverse ge- ographic regions; and ‘‘(3) provide that the dissemination of an alert shall be limited to the geographic areas most likely to fa- cilitate the rendering of aid to distressed individuals. ‘‘(c) CONSULTATION.—In developing the pilot program under subsection (a), the Commandant shall consult— ‘‘(1) the head of any relevant Federal agency; ‘‘(2) the government of any relevant State; ‘‘(3) any Tribal Government; ‘‘(4) the government of any relevant territory or possession of the United States; and ‘‘(5) any relevant political subdivision of an entity described in paragraph (2), (3), or (4). ‘‘(d) REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, and annually there- after through 2026, the Commandant shall submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives a report on the implementation of this section. ‘‘(2) PUBLIC AVAILABILITY.—The Commandant shall make the report submitted under paragraph (1) avail- able to the public.’’ [Nothing in amendment made by Pub. L. 117–263 to be construed to satisfy any requirement for government- to-government consultation with Tribal governments or to affect or modify any treaty or other right of any Tribal government, see section 11003 of Pub. L. 117–263, set out as a note under section 245 of Title 6, Domestic Security.] SURVIVAL AND LOCATING EQUIPMENT Pub. L. 115–265, title II, § 209, Oct. 11, 2018, 132 Stat. 3747, provided that: ‘‘Not later than 2 years after the date of the enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall, subject to the availability of appropriations, identify and procure equipment that will provide search-and-rescue units the ability to attach a radio or Automated Identifica- tion System strobe or beacon to an object that is not immediately retrievable.’’ COAST GUARD POLICIES AND PROCEDURES FOR TOWING AND SALVAGE OF DISABLED VESSELS FOR MINIMIZA- TION OF COAST GUARD COMPETITION OR INTER- FERENCE WITH COMMERCIAL ENTERPRISE Pub. L. 97–322, title I, § 113, Oct. 15, 1982, 96 Stat. 1585, as amended by Pub. L. 100–448, § 30(b), Sept. 28, 1988, 102 Stat. 1850, provided that: ‘‘The Commandant of the Page 50 TITLE 14—COAST GUARD § 522 Coast Guard shall review Coast Guard policies and pro- cedures for towing and salvage of disabled vessels in order to further minimize the possibility of Coast Guard competition or interference (other than by the Coast Guard Auxiliary) with private towing activities or other commercial enterprise.’’ § 522. Law enforcement (a) The Coast Guard may make inquiries, ex- aminations, 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 viola- tions of laws of the United States. For such pur- poses, commissioned, warrant, and petty officers may at any time go on board of any vessel sub- ject 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, examina- tion, inspection, or search it appears that a breach of the laws of the United States ren- dering an individual liable to arrest is being, or has been committed, by any individual, such in- dividual shall be arrested or, if escaping to shore, shall be immediately pursued and ar- rested 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 nec- essary 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 inde- pendent establishment charged with the ad- ministration of the particular law; and (2) be subject to all the rules and regulations promulgated by such department or inde- pendent establishment with respect to the en- forcement of that law. (c) The provisions of this section are in addi- tion 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.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., §§ 45–47, 51, 52, 66, 67, 104, and on title 33, U.S.C., 1946 ed., § 755 (R.S. 2747, 2758, 2760, 2762; June 18, 1878, ch. 265, § 4, 20 Stat. 163; June 16, 1880, ch. 235, 21 Stat. 263; June 22, 1936, ch. 705, §§ 1–3, 49 Stat. 1820; July 11, 1941, ch. 290, § 7, 55 Stat. 585). The words ‘‘or such merchandise’’ are inserted in the last clause of subsection (a) in order to provide for situ- ations where it may be desirable to seize merchandise without seizing the vessel. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘an indi- vidual’’ for ‘‘a person’’ and ‘‘individual’’ for ‘‘person’’ in two places. 2018—Pub. L. 115–282 renumbered section 89 of this title as this section. 1950—Subsec. (a). Act Aug. 3, 1950, struck out ‘‘to’’ be- fore ‘‘examine’’ in second sentence. Statutory Notes and Related Subsidiaries REVIEW OF DRUG INTERDICTION EQUIPMENT AND STAND- ARDS; TESTING FOR FENTANYL DURING INTERDICTION OPERATIONS Pub. L. 117–263, div. K, title CXII, § 11268, Dec. 23, 2022, 136 Stat. 4063, provided that: ‘‘(a) REVIEW.— ‘‘(1) IN GENERAL.—The Commandant [of the Coast Guard], in consultation with the Administrator of the Drug Enforcement Administration and the Secretary of Health and Human Services, shall— ‘‘(A) conduct a review of— ‘‘(i) the equipment, testing kits, and rescue medications used to conduct Coast Guard drug interdiction operations; and ‘‘(ii) the safety and training standards, policies, and procedures with respect to such operations; and ‘‘(B) determine whether the Coast Guard is using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl and other synthetic opioids, and precursor chemicals during such operations. ‘‘(2) REPORT.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Com- mandant shall submit to the appropriate committees of Congress a report on the results of the review con- ducted under paragraph (1). ‘‘(3) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Commerce, Science, and Transportation and the Committee on Appropria- tions of the Senate; and ‘‘(B) the Committee on Transportation and Infra- structure and the Committee on Appropriations of the House of Representatives. ‘‘(b) REQUIREMENT.—If, as a result of the review re- quired by subsection (a), the Commandant determines that the Coast Guard is not using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl and other synthetic opioids, and pre- cursor chemicals during drug interdiction operations, the Commandant shall ensure that the Coast Guard ac- quires and uses such equipment and technology, carries out such training, and implements such standards. ‘‘(c) TESTING FOR FENTANYL.—The Commandant shall ensure that Coast Guard drug interdiction operations include the testing of substances encountered during such operations for fentanyl, as appropriate.’’ PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY MIGRANT INTERDICTIONS Pub. L. 117–263, div. K, title CXII, § 11269, Dec. 23, 2022, 136 Stat. 4064, provided that: ‘‘Not later than the 15th day of each month, the Commandant [of the Coast Guard] shall make available to the public on the website of the Coast Guard the number of migrant interdictions carried out by the Coast Guard during the preceding month.’’ CURRENCY DETECTION CANINE TEAM PROGRAM Pub. L. 115–282, title VIII, § 806, Dec. 4, 2018, 132 Stat. 4300, provided that: