
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC88]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                     CHAPTER 5--FUNCTIONS AND POWERS
 
Sec. 88. Saving life and property

    (a) In order to render aid to distressed persons, 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 
persons and property imperiled by flood, the Coast Guard may:
        (1) perform any and all acts necessary to rescue and aid persons 
    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 persons legally authorized to 
    receive it or until otherwise disposed of in accordance with law or 
    applicable regulations, and care for bodies of those who may have 
    perished in such catastrophes;
        (3) furnish clothing, food, lodging, medicines, and other 
    necessary supplies and services to persons succored by the Coast 
    Guard; and
        (4) destroy or tow into port sunken or floating dangers to 
    navigation.

    (b)(1) Subject to paragraph (2), the Coast Guard may render aid to 
persons 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 attempt 
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 $5,000; and
        (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 
rescue swimming skills, which may include rescue diver training.

(Aug. 4, 1949, ch. 393, 63 Stat. 501; Pub. L. 91-278, Sec. 1(3), June 
12, 1970, 84 Stat. 304; Pub. L. 100-448, Sec. 30(a), Sept. 28, 1988, 102 
Stat. 1849; Pub. L. 101-595, title IV, Sec. 401, Nov. 16, 1990, 104 
Stat. 2989; Pub. L. 104-324, title II, Sec. 213(a), Oct. 19, 1996, 110 
Stat. 3915.)


                      Historical and Revision Notes

    Derived from title 14, U.S.C., 1946 ed., Secs. 29, 53, 55, 60, 61, 
62, 63, 104, and title 34, U.S.C., 1946 ed., Sec. 471 (R.S. 1536, R.S. 
2759; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; Apr. 19, 1906, ch. 
1640, Secs. 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 authorizes the Coast 
Guard to engage in saving life and property 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 Congress, House Report No. 557.


                               Amendments

    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 paragraph (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.


                   Helicopter Rescue Swimming Program

    Pub. L. 98-557, Sec. 9, Oct. 30, 1984, 98 Stat. 2862, required 
Secretary of department in which Coast Guard was operating to use such 
sums as necessary, from amounts appropriated for operation and 
maintenance of Coast Guard, to establish helicopter rescue swimming 
program for purpose of training selected Coast Guard personnel in rescue 
swimming skills, prior to repeal by Pub. L. 104-324, title II, 
Sec. 213(b), Oct. 19, 1996, 110 Stat. 3915.


 Coast Guard Policies and Procedures for Towing and Salvage of Disabled 
Vessels for Minimization of Coast Guard Competition or Interference with 
                          Commercial Enterprise

    Pub. L. 97-322, title I, Sec. 113, Oct. 15, 1982, 96 Stat. 1585, as 
amended by Pub. L. 100-448, Sec. 30(b), Sept. 28, 1988, 102 Stat. 1850, 
provided that: ``The Commandant of the Coast Guard shall review Coast 
Guard policies and procedures 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.''
