§ 88. — Saving life and property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
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 relating 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 Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Modernization of National Distress and Response System
Pub. L. 107-295, title III, Sec. 346, Nov. 25, 2002, 116 Stat. 2107,
provided that:
``(a) Report.--The Secretary of the department in which the Coast
Guard is operating shall prepare a status report on the modernization of
the National Distress and Response System and transmit the report, not
later than 60 days after the date of enactment of this Act [Nov. 25,
2002] and annually thereafter until completion of the project, to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
``(b) Contents.--The report required by subsection (a) shall--
``(1) set forth the scope of the modernization, the schedule for
completion of the System, and information on progress in meeting the
schedule and on any anticipated delays;
``(2) specify the funding expended to-date on the System, the
funding required to complete the System, and the purposes for which
the funds were or will be expended;
``(3) describe and map the existing public and private
communications coverage throughout the waters of the coastal and
internal regions of the continental United States, Alaska, Hawaii,
Guam, and the Caribbean, and identify locations that possess
direction-finding, asset-tracking communications, and digital
selective calling service;
``(4) identify areas of high risk to boaters and Coast Guard
personnel due to communications gaps;
``(5) specify steps taken by the Secretary to fill existing gaps
in coverage, including obtaining direction-finding equipment,
digital recording systems, asset-tracking communications, use of
commercial VHF services, and digital selective calling services that
meet or exceed Global Maritime Distress and Safety System
requirements adopted under the International Convention for the
Safety of Life at Sea [see 33 U.S.C. 1602 and notes thereunder];
``(6) identify the number of VHF-FM radios equipped with digital
selective calling sold to United States boaters;
``(7) list all reported marine accidents, casualties, and
fatalities occurring in areas with existing communications gaps or
failures, including incidents associated with gaps in VHF-FM
coverage or digital selected calling capabilities and failures
associated with inadequate communications equipment aboard the
involved vessels during calendar years 1997 and thereafter;
``(8) identify existing systems available to close all
identified marine safety gaps before January 1, 2003, including
expeditious receipt and response by appropriate Coast Guard
operations centers to VHF-FM digital selective calling distress
signal; and
``(9) identify actions taken to-date to implement the
recommendations of the National Transportation Safety Board in its
Report No. MAR-99-01.''
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.''
