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U.S. Code as of:
01/19/04
Section 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.
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