SUBTITLE III—COAST GUARD RESERVE AND AUXILIARY
Editorial Notes
Amendments
2018—
CHAPTER 37 —COAST GUARD RESERVE
SUBCHAPTER I—ADMINISTRATION
SUBCHAPTER II—PERSONNEL
Editorial Notes
Amendments
2021—
2018—
SUBCHAPTER I—ADMINISTRATION
Editorial Notes
Amendments
2018—
§3701. Organization
The Coast Guard Reserve is a component of the Coast Guard. It shall be organized, administered, trained, and supplied under the direction of the Commandant.
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Editorial Notes
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Amendments
2018—
Statutory Notes and Related Subsidiaries
Women's Branch of the Coast Guard Reserve
§3702. Authorized strength
(a) The President shall prescribe the authorized strength of the Coast Guard Reserve if not otherwise prescribed by law.
(b) Subject to the authorized strength of the Coast Guard Reserve, the Secretary shall determine, at least annually, the authorized strength in numbers in each grade necessary to provide for mobilization requirements. Without the consent of the member concerned, a member of the Reserve may not be reduced in grade because of the Secretary's determination.
(c) The Secretary may vary the authorized end strength of the Coast Guard Selected Reserves for a fiscal year by a number equal to not more than 3 percent of such end strength upon a determination by the Secretary that varying such authorized end strength is in the national interest.
(d) The Commandant may increase the authorized end strength of the Coast Guard Selected Reserves by a number equal to not more than 2 percent of such authorized end strength upon a determination by the Commandant that such increase would enhance manning and readiness in essential units or in critical specialties or ratings.
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Editorial Notes
Prior Provisions
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Amendments
2022—Subsecs. (c), (d).
2018—
Statutory Notes and Related Subsidiaries
Coast Guard Reserve Components Transition Initiatives
"(a)
"(b)
[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
§3703. Coast Guard Reserve Boards
(a) The Secretary shall convene a Coast Guard Reserve Policy Board at least annually to consider, recommend, and report to the Secretary on Reserve policy matters. At least one-half of the members of the Board shall be Reserve officers.
(b) The Secretary may convene any other Reserve Board the Secretary considers necessary.
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2018—
§3704. Grades and ratings; military authority
The grades and ratings in the Reserve, including cadets but not grades above rear admiral, are those prescribed by law or regulation for the Coast Guard. A member of the Reserve on active duty or inactive-duty training has the same authority, rights, and privileges in the performance of that duty as a member of the Regular Coast Guard of corresponding grade or rating.
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2018—
§3705. Benefits
(a) A member of the Reserve on active duty, on inactive-duty training, or engaged in authorized travel to or from that duty, is entitled to the same benefits as a member of the Navy Reserve of corresponding grade, rating, and length of service. In determining length of service for the purpose of this section, there shall be included all service for which credit is given by law to members of the Regular Coast Guard.
(b)
(c) A member of the Reserve who suffers sickness, disease, disability, or death is entitled to the same benefits as prescribed by law for a member of the Navy Reserve who suffers sickness, disease, disability, or death under similar conditions.
(d) A member of the Reserve on active duty or when retired for disability is entitled to the benefits of
(e) A member of the Reserve, except an enlisted member retiring on the basis of years of active service, is entitled to the same retirement rights, benefits, and privileges as prescribed by law for a member of the Navy Reserve, and wherever a law confers authority upon the Secretary of the Navy, similar authority is given to the Secretary to be exercised with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy. An enlisted member of the Reserve who retires on the basis of years of active service is entitled to the same retirement rights, benefits, and privileges as prescribed by law for an enlisted member of the Regular Coast Guard.
(f) A member of the Coast Guard Reserve not on active duty who is enrolled in an officer candidate program authorized by
(Added
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Amendments
2018—
Subsec. (b).
2006—Subsecs. (a), (c), (e).
1996—Subsec. (f).
1983—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
§3706. Temporary members of the Reserve; eligibility and compensation
A citizen of the United States, its territories, or possessions who is a member of the Auxiliary, an officer or member of the crew of a motorboat or yacht placed at the disposal of the Coast Guard, or an individual (including a Government employee without pay other than the compensation of that individual's civilian position) who by reason of special training and experience is considered by the Commandant to be qualified for duty, may be enrolled by the Commandant as a temporary member of the Reserve, for duty under conditions the Commandant may prescribe, including part-time and intermittent active duty with or without pay, without regard to age. The Commandant is authorized to define the powers and duties of temporary members of the Reserve, and to confer upon them, appropriate to their qualifications and experience, the same grades and ratings as provided for members of the Reserve. When performing active duty with pay as authorized by this section, temporary members of the Reserve are entitled to receive the pay and allowances of their rank, grade, or rating.
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Editorial Notes
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Amendments
2021—
2018—
§3707. Temporary members of the Reserve; disability or death benefits
(a) If a temporary member of the Reserve is physically injured, or dies as a result of physical injury, and the injury is incurred incident to service while performing active duty, or engaged in authorized travel to or from that duty, the law authorizing compensation for employees of the United States suffering injuries while in the performance of their duties, applies, subject to this section. That law shall be administered by the Secretary of Labor to the same extent as if the member was a civil employee of the United States and was injured in the performance of that duty. For benefit computation, regardless of pay or pay status, the member is considered to have had monthly pay of the monthly equivalent of the minimum rate of basic pay in effect for grade GS–9 of the General Schedule on the date the injury is incurred.
(b) This section does not apply if the workmen's compensation law of a State, a territory, or another jurisdiction provides coverage because of a concurrent employment status of the temporary member. When the temporary member or a dependent is entitled to a benefit under this section and also to a concurrent benefit from the United States on account of the same disability or death, the temporary member or dependent, as appropriate, shall elect which benefit to receive.
(c) If a claim is filed under this section with the Secretary of Labor for benefits because of an alleged injury or death, the Secretary of Labor shall notify the Commandant who shall direct an investigation into the facts surrounding the alleged injury or death. The Commandant shall then certify to the Secretary of Labor whether or not the injured or deceased individual was a temporary member of the Reserve, the individual's military status, and whether or not the injury or death was incurred incident to military service.
(d) A temporary member of the Reserve, who incurs a physical disability or contracts sickness or disease while performing a duty to which the member has been assigned by competent authority, is entitled to the same hospital treatment afforded a member of the Regular Coast Guard.
(e) In administering
(1) the percentages applicable to payments under that section are—
(A) 45 percent under subsection (a)(2) of that section, where the member died fully or currently insured under title II of the Social Security Act (
(B) 20 percent under subsection (a)(3) of that section, for one child, and 10 percent additional for each additional child, not to exceed a total of 75 percent, where the member died fully or currently insured under title II of the Social Security Act; and
(C) 25 percent under subsection (a)(4) of that section, if one parent was wholly dependent for support upon the deceased member at the time of the member's death and the other was not dependent to any extent; 16 percent to each if both were wholly dependent; and if one was, or both were, partly dependent, a proportionate amount in the discretion of the Secretary of Labor;
(2) payments may not be made under subsection (a)(5) of that section; and
(3) the Secretary of Labor shall inform the Commissioner of Social Security whenever a claim is filed and eligibility for compensation is established under subsection (a)(2) or (a)(3) of
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Editorial Notes
References in Text
The law authorizing compensation for employees of the United States, referred to in subsec. (a), appears in subchapter I (§8101 et seq.) of
The General Schedule, referred to in subsec. (a), is set out under
The Social Security Act, referred to in subsec. (e)(1)(A), (B), (3), is act Aug. 14, 1935, ch. 531,
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2021—Subsec. (c).
Subsec. (e).
2018—
1994—Subsec. (e)(3).
1982—Subsec. (e)(1).
Subsec. (e)(1)(A).
1981—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1981 Amendment
§3708. Temporary members of the Reserve; certificate of honorable service
In recognition of the service of temporary members of the Reserve, the Secretary may upon request issue an appropriate certificate of honorable service in lieu of a certificate of disenrollment issued to any individual following disenrollment under honorable conditions from service as a temporary member. Issuance of a certificate of honorable service to any individual under this section does not entitle that individual to any rights, privileges, or benefits under any law of the United States.
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Amendments
2021—
2018—
§3709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade
(a) Under regulations prescribed by the Secretary an enlisted member of the Reserve may be designated as a student aviation pilot.
(b) A member who is not a qualified aviator may not be designated as a student aviation pilot unless the member agrees in writing to serve on active duty for a period of two years after successful completion of flight training, unless sooner released. A student aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary.
(c) A student aviation pilot who is a qualified civilian aviator may be given a brief refresher course in flight training.
(d) A student aviation pilot undergoing flight training is entitled to have uniforms and equipment provided at Government expense.
(e) Under regulations prescribed by the Secretary, a student aviation pilot may be designated an aviation pilot upon the successful completion of flight training.
(f) In time of peace, an aviation pilot obligated under subsection (b) to serve on active duty for two years may serve for an additional period of not more than two years.
(g) An aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary.
(h) If qualified under regulations prescribed by the Secretary, an aviation pilot may be appointed as an ensign in the Reserve.
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Amendments
2018—
§3710. Reserve student pre-commissioning assistance program
(a) The Secretary may provide financial assistance to an eligible enlisted member of the Coast Guard Reserve, not on active duty, for expenses of the member while the member is pursuing on a full-time basis at an institution of higher education a program of education approved by the Secretary that leads to—
(1) a baccalaureate degree in not more than 5 academic years; or
(2) a post-baccalaureate degree.
(b)(1) To be eligible for financial assistance under this section, an enlisted member of the Coast Guard Reserve shall—
(A) be enrolled on a full-time basis in a program of education referred to in subsection (a) at any institution of higher education; and
(B) enter into a written agreement with the Coast Guard described in paragraph (2).
(2) A written agreement referred to in paragraph (1)(B) is an agreement between the member and the Secretary in which the member agrees—
(A) to accept an appointment as a commissioned officer in the Coast Guard Reserve, if tendered;
(B) to serve on active duty for up to five years; and
(C) under such terms and conditions as shall be prescribed by the Secretary, to serve in the Coast Guard Reserve until the eighth anniversary of the date of the appointment.
(c) Expenses for which financial assistance may be provided under this section are the following:
(1) Tuition and fees charged by the institution of higher education involved.
(2) The cost of books.
(3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses.
(4) Such other expenses as are deemed appropriate by the Secretary.
(d) The amount of financial assistance provided to a member under this section shall be prescribed by the Secretary, but may not exceed $25,000 for any academic year.
(e) Financial assistance may be provided to a member under this section for up to 5 consecutive academic years.
(f) A member who receives financial assistance under this section may be ordered to active duty in the Coast Guard Reserve by the Secretary to serve in a designated enlisted grade for such period as the Secretary prescribes, but not more than 4 years, if the member—
(1) completes the academic requirements of the program and refuses to accept an appointment as a commissioned officer in the Coast Guard Reserve when offered;
(2) fails to complete the academic requirements of the institution of higher education involved; or
(3) fails to maintain eligibility for an original appointment as a commissioned officer.
(g)(1) If a member requests to be released from the program and the request is accepted by the Secretary, or if the member fails because of misconduct to complete the period of active duty specified, or if the member fails to fulfill any term or condition of the written agreement required to be eligible for financial assistance under this section, the financial assistance shall be terminated. The Secretary may request the member to reimburse the United States in an amount that bears the same ratio to the total costs of the education provided to that member as the unserved portion of active duty bears to the total period of active duty the member agreed to serve. The Secretary shall have the option to order such reimbursement without first ordering the member to active duty. An obligation to reimburse the United States imposed under this paragraph is a debt owed to the United States.
(2) The Secretary may waive the service obligated under subsection (f) of a member who becomes unqualified to serve on active duty due to a circumstance not within the control of that member or who is not physically qualified for appointment and who is determined to be unqualified for service as an enlisted member of the Coast Guard Reserve due to a physical or medical condition that was not the result of the member's own misconduct or grossly negligent conduct.
(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of a written agreement entered into under subsection (b) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1).
(h) As used in this section, the term "institution of higher education" has the meaning given that term in section 101 of the Higher Education Act of 1965 (
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Editorial Notes
Amendments
2018—
§3711. Appointment or wartime promotion; retention of grade upon release from active duty
(a) A member of the Reserve on active duty, who is appointed or promoted under
(b) Unless otherwise entitled to a higher grade, a member recalled to active duty shall be recalled in the grade in which released under subsection (a).
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Amendments
2018—
Subsec. (a).
§3712. Exclusiveness of service
No member of the Reserve, other than a temporary member, may be a member of another military organization. A temporary member of the Reserve who is a member of another military component shall, if ordered to active duty therein, be disenrolled as a temporary member of the Reserve.
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Editorial Notes
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Amendments
2018—
1981—
§3713. Active duty for emergency augmentation of regular forces
(a) Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a, or to aid in prevention of an imminent, serious natural or manmade disaster, accident, catastrophe, act of terrorism (as defined in section 2 of the Homeland Security Act of 2002 (
(b) Under the circumstances of the domestic emergency involved, a reasonable time shall be allowed between the date when a Reserve member ordered to active duty under this section is alerted for that duty and the date when the member is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days.
(c) Active duty served under this section—
(1) satisfies on a day-for-day basis all or a part of the annual active duty for training requirement of
(2) does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and
(3) entitles a member while engaged therein, or while engaged in authorized travel to or from that duty, to all rights and benefits, including pay and allowances and time creditable for pay and retirement purposes, to which the member would be entitled while performing other active duty.
(d) Reserve members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or under any other law.
(e) For purposes of calculating the duration of active duty allowed pursuant to subsection (a), each period of active duty shall begin on the first day that a member reports to active duty, including for purposes of training.
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Amendments
2018—
2016—Subsec. (a).
2014—Subsec. (a).
2007—Subsec. (a).
2006—Subsec. (a).
Subsec. (e).
1996—Subsec. (d).
1994—Subsec. (c)(1).
1991—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§3714. Enlistment of members engaged in schooling
The initial period of active duty for training required by
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
SUBCHAPTER II—PERSONNEL
Editorial Notes
Amendments
2018—
§3731. Definitions
As used in this subchapter—
(1) "Reserve officer" means a commissioned officer in the Reserve, except an officer excluded by
(2) "discharged" means released from an appointment as a Reserve officer.
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Amendments
2018—
Par. (1).
§3732. Applicability of this subchapter
This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve.
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2018—
§3733. Suspension of this subchapter in time of war or national emergency
In time of war or national emergency declared by Congress, the President may suspend the operation of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular officers.
(Added
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Amendments
2018—
Executive Documents
Delegation of Authority
Authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a note under
§3734. Effect of this subchapter on retirement and retired pay
Except as provided in subsection 3757(b) 1 of this title, nothing in this subchapter authorizes the retirement of a Reserve officer or the payment of retired, retainer, or severance pay to a Reserve officer; or affects in any manner the law relating to the retirement of, or the granting of retired or retainer pay or other benefits to a Reserve officer.
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Amendments
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1 So in original. Probably should be "section 3757(b)".
§3735. Authorized number of officers
(a) The authorized number of officers in the Reserve in an active status is 5,000. Reserve officers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve. The actual number of Reserve officers in an active status at any time shall not exceed the authorized number unless the Secretary determines that a greater number is necessary for planned mobilization requirements, or unless the excess results directly from the operation of law.
(b)(1) The Secretary shall make, at least once each year, a computation to determine the number of Reserve officers in an active status authorized to be serving in each grade. The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving in an active status on the date the computation is made. The number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be distributed by pay grade so as not to exceed percentages of commissioned officers authorized by
(2) The authorized number of Reserve Officers in an active status not on active duty in the grades of rear admiral (lower half) and rear admiral is a total of two. However, the Secretary of the department in which the Coast Guard is operating may authorize an additional number of Reserve officers not on active duty in the grades of rear admiral (lower half) and rear admiral as necessary in order to meet planned mobilization requirements.
(c)
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Amendments
2018—
Subsec. (b)(1).
2006—Subsec. (a).
Subsec. (b)(1).
2002—Subsec. (c).
1985—Subsec. (b).
1984—Subsec. (b).
1983—Subsec. (b).
§3736. Precedence
(a) Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list and the permanent commissioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list or the permanent commissioned teaching staff have the same date of rank in a grade, they take precedence as determined by the Secretary.
(b) Notwithstanding any other law, a Reserve officer shall not lose precedence when transferred to or from the active duty promotion list, nor shall that officer's date of rank be changed due to the transfer.
(c) A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer.
(d) Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is determined in accordance with a running mate system.
(e) The Secretary shall adjust the date of rank of a Reserve officer so that no changes of precedence occur.
(Added
Editorial Notes
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Amendments
2018—
2004—Subsecs. (d), (e).
§3737. Running mates
(a) The Secretary shall assign a running mate to each Reserve officer in an active status not on the active duty promotion list. The officer initially assigned as a running mate under this section shall be that officer on the active duty promotion list of the same grade who is next senior in precedence to the Reserve officer concerned. An officer who has twice failed of selection or who has been considered but has not been recommended for continuation under
(b) A Reserve officer in an active status not on the active duty promotion list shall be assigned a new running mate as follows:
(1) If a previously assigned running mate is promoted from below the promotion zone, is removed from the active duty promotion list, suffers a loss of numbers, fails of selection, fails to qualify for promotion, or declines an appointment after being selected for promotion, the new running mate shall be that officer on the active duty promotion list, of the same grade, who is next senior to the previous running mate and who is, or may become, eligible for consideration for promotion. If the previous running mate was on a list of selectees for promotion, the new running mate shall be that officer on the active duty promotion list, of the same grade, who is on a list of selectees for promotion and who is next senior to the previous running mate.
(2) If a Reserve officer suffers a loss of numbers, the new running mate shall be that officer on the active duty promotion list who, after the loss of numbers has been effected, is the running mate of the Reserve officer next senior to the Reserve officer concerned.
(3) If a Reserve officer is considered for promotion and fails of selection, fails to qualify for promotion, declines an appointment after being selected for promotion, or has his or her name removed from a list of selectees for promotion, and that officer's running mate is promoted, the new running mate shall be that officer on the active duty promotion list, of the same grade, who, at the time the previous running mate was considered for promotion, was next senior to the previous running mate, was eligible for consideration for promotion, and whose name was not included on a list of selectees for promotion.
(4) In a situation not expressly covered by this subsection, the Secretary may assign a new running mate as necessary to effect the intent of this section that inequitable changes of precedence do not occur.
(c) A Reserve officer on the active duty promotion list shall, to the extent practicable and consistent with the limitations imposed by this section, be assigned as the running mate of all Reserve officers junior to the officer, who are in an active status not on the active duty promotion list, and who had a running mate in common with the officer just prior to the time the officer was placed on the active duty promotion list.
(d) The Secretary may adjust, as necessary, the date of rank of a Reserve officer not on active duty so that the date will correspond with that of the running mate assigned to the officer in accordance with this section. If an overpayment of pay or allowances results from adjusting the date of rank, the overpayment is not subject to recoupment.
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Editorial Notes
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Amendments
2018—
Subsec. (a).
§3738. Constructive credit upon initial appointment
Under regulations prescribed by the Secretary, an individual, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that individual's experience, education, or other qualifications. For the purpose of this subchapter only, an individual appointed for the purpose of assignment or designation as a judge advocate in the Reserve shall be credited with a minimum of one year service in an active status. An individual holding a doctor of philosophy, or a comparable degree, in medicine or in a science allied to medicine as determined by the Secretary, may be credited with a minimum of three years service in an active status if appointed for an assignment comparable to that of an officer in the Navy Medical Department.
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Amendments
2021—
2018—
2006—
2004—
§3738a. Direct commissioning authority for individuals with critical skills
An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who is not currently serving as an officer in the Coast Guard may be commissioned into the Coast Guard at a grade up to and including commander.
(Added
§3739. Promotion of Reserve officers on active duty
(a) A Reserve officer on active duty, other than for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status, shall not be eligible for consideration for promotion under this subchapter; but shall be considered for promotion under
(b) Notwithstanding subsection (a) of this section, a Reserve officer who has been selected for promotion to the next higher grade under this subchapter at the time the officer reports for active duty, shall be promoted to that grade under
(c) A Reserve officer who, at the time the officer is released from active duty, has been selected for promotion to the next higher grade under
(d) A failure of selection for promotion to the next higher grade occurring under this subchapter or under
(Added
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Amendments
2018—
§3740. Promotion; recommendations of selection boards
(a) Except as otherwise provided by law, a Reserve officer shall only be promoted pursuant to the recommendation of a selection board.
(b) The Secretary shall convene selection boards from time to time to recommend Reserve officers for promotion to the next higher grade. A board may be convened to consider officers in one or more grades.
(c) A selection board shall, from among the names of those eligible Reserve officers submitted to it, recommend for promotion to the next higher grade:
(1) those officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; and
(2) those officers serving in the grade of ensign whom it considers to be fully qualified.
(d)(1) Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade to be considered by the board. The Secretary shall determine the number of officers in the promotion zone for officers serving in any grade from among officers who are eligible for promotion in that grade.
(2)(A) Before convening a selection board to recommend Reserve officers for promotion to a grade (other than the grade of lieutenant (junior grade)), the Secretary shall determine the maximum number of officers in that grade that the board may recommend for promotion.
(B) The Secretary shall make the determination under subparagraph (A) of the maximum number that may be recommended with a view to having in an active status a sufficient number of Reserve officers in each grade to meet the needs of the Coast Guard for Reserve officers in an active status.
(C) In order to make the determination under subparagraph (B), the Secretary shall determine the following:
(i) The number of positions needed to accomplish mission objectives that require officers in the grade to which the board will recommend officers for promotion.
(ii) The estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted.
(iii) The number of officers authorized by the Secretary to serve in an active status in the grade under consideration.
(iv) Any statutory limitation on the number of officers in any grade authorized to be in an active status.
(3)(A) The Secretary may, when the needs of the Coast Guard require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone.
(B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion, except that the Secretary may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If the maximum number determined under this subparagraph is less than one, the board may recommend one officer for promotion from below the promotion zone.
(C) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under paragraph (2).
(e) The law and regulations relating to the selection for promotion of a commissioned officer of the Regular Coast Guard to the grades of rear admiral (lower half) and rear admiral apply to a Reserve officer, except that to be eligible for consideration for promotion to the grade of rear admiral (lower half) an officer shall have completed at least ten years commissioned service, of which the last five years shall have been served in the Coast Guard Reserve.
(f) The provisions of
(g) The report of a selection board shall be submitted to the Secretary for review and transmission to the President for approval. When an officer recommended by a board for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.
(h) The recommendations of a selection board, as approved by the President, constitute a list of selectees from which the promotions of Reserve officers shall be made. An officer on a list of selectees remains thereon until promoted unless removed by the President under
(i) A Reserve officer whose name is on a list of selectees for promotion shall, unless that officer's promotion is lawfully withheld, be tendered an appointment in the next higher grade on the date a vacancy occurs, or as soon thereafter as practicable in the grade to which the officer was selected for promotion or, if promotion was determined in accordance with a running mate system, at the same time, or as soon thereafter as practicable, as that officer's running mate is tendered a similar appointment.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
Subsec. (f).
Subsec. (h).
2002—Subsec. (i).
2000—Subsec. (d).
1985—Subsec. (e).
1983—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Executive Documents
Delegation of Functions
For assignment of functions of President under subsec. (g) of this section, see section 2(c) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under
§3741. Selection boards; appointment
(a) A selection board shall (1) be appointed and convened by the Secretary; (2) consist of at least 50 per centum Reserve officer membership, except in the case of a flag officer selection board where, to the extent practicable, it shall consist of at least 50 per centum Reserve officer membership; (3) consist only of members, Reserve or Regular, senior in grade to any officer being considered by that board; and (4) be composed of not less than five members, which number constitutes a quorum.
(b) A selection board serves for the length of time prescribed by the Secretary, but no board may serve longer than one year. No officer may serve on two consecutive selection boards for the same grade when the second of those boards considers an officer who was considered, but not recommended for promotion, by the first selection board.
(c) Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness required of officers and the efficiency of the Coast Guard, perform the duties imposed upon him. Not less than a majority of the total membership of a selection board shall concur in each recommendation made by the board.
(d) An officer eligible for consideration for promotion by a selection board may forward, through official channels, a written communication inviting the attention of the board to any matter in the officer's record in the armed forces that, in the opinion of the officer concerned, is important to the board's consideration. A communication forwarded under this subsection shall arrive in time to allow delivery to the board prior to its convening, and may not criticize or reflect upon the character, conduct, or motive of any officer.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3742. Establishment of promotion zones under running mate system
(a)
(b)
(1) two years in the grade of lieutenant (junior grade);
(2) three years in the grade of lieutenant;
(3) four years in the grade of lieutenant commander;
(4) four years in the grade of commander; and
(5) three years in the grade of captain.
(c)
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
Subsec. (a).
Subsec. (c).
2002—Subsec. (b).
"(1) two years in the grade of lieutenant (junior grade);
"(2) three years in the grade of lieutenant;
"(3) four years in the grade of lieutenant commander;
"(4) four years in the grade of commander; and
"(5) three years in the grade of captain".
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
§3743. Eligibility for promotion
(a)
(b)
(c)
(1)
(2)
(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant;
(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and
(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2021—
2018—
1 So in original. Probably should be "section 3752(a)".
§3744. Recommendation for promotion of an officer previously removed from an active status
A Reserve officer recommended for promotion by a selection board but not promoted because of removal from an active status shall be reconsidered by a selection board after returning to an active status and if selected shall be placed on a recommended list of selectees for promotion. A Reserve officer to whom this section applies is not considered to have failed of selection when eliminated from a list of selectees for promotion solely as a result of being removed from an active status.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3745. Qualifications for promotion
(a) A Reserve officer shall not be promoted to a higher grade unless the officer has been found to be physically qualified and the character of the officer's service subsequent to the convening of the selection board which recommended the officer for promotion has been verified as satisfactory.
(b) Subsection (a) of this section does not exclude from promotion a Reserve officer physically disqualified by a medical board for duty at sea or in the field, if the disqualification results from wounds received in the line of duty, and those wounds do not incapacitate the officer for other duties in the grade to which the officer is to be promoted.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3746. Promotion; acceptance; oath of office
(a) A Reserve officer who has been appointed under this subchapter is considered to have accepted the appointment unless delivery thereof cannot be effected.
(b) A Reserve officer who has served continuously since taking the oath of office prescribed in
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3747. Date of rank upon promotion; entitlement to pay
(a) When a Reserve officer is promoted to the next higher grade under this subchapter, the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event the same date of rank shall be assigned as that assigned to the officer's running mate. A Reserve officer so promoted shall be allowed the pay and allowances of the higher grade for duty performed from the date of the officer's appointment thereto.
(b) Notwithstanding any other provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officer's running mate is promoted.
(c) For the purposes of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. However, the Secretary may adjust the date of appointment—
(1) if a delay in the finding required under
(2) for any other reason that equity requires.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
Subsec. (c)(1).
2004—Subsec. (b).
Subsec. (c).
2002—Subsec. (a).
1989—Subsec. (c).
1985—Subsec. (b).
1983—Subsec. (b).
§3748. Type of promotion; temporary
Notwithstanding any other law, if a Reserve officer is promoted when the officer's running mate is promoted and the promotion of the running mate is on a temporary basis, the promotion of the Reserve officer is also on a temporary basis. If subsequently the running mate is reverted to a lower grade, other than for reasons of discipline, incompetence, or at the running mate's request, the Reserve officer shall likewise revert to the same lower grade with corresponding precedence.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3749. Effect of removal by the President or failure of consent of the Senate
(a) The President may, for cause, remove the name of any officer from a list of selectees established under
(b) If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under
(c) An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer's name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer's name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
Subsecs. (a), (b).
Executive Documents
Delegation of Functions
For assignment of functions of President under subsec. (a) of this section, see section 2(d) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under
§3750. Failure of selection for promotion
(a) A Reserve officer, other than one serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for the officer's grade, fails of selection if not selected for promotion by the selection board that considered the officer, or if having been selected for promotion by the board, the officer's name is thereafter removed from the report of the board by the President.
(b) A Reserve officer is not considered to have failed of selection if the officer was not considered by a selection board because of administrative error. If that officer is selected by the next appropriate selection board after the error is discovered, and is promoted, the same date of rank and precedence shall be assigned that would have been assigned if the officer had been recommended for promotion by the selection board that originally would have considered the officer but for the error.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3751. Failure of selection and removal from an active status
(a) The Secretary—
(1) may remove from an active status a Reserve officer who has twice failed of selection to the next higher grade; and
(2) shall remove from an active status a Reserve officer serving in the grade of captain who has completed thirty years of total commissioned service and whose name is not carried on an approved list of selectees for promotion to the grade of rear admiral (lower half).
(b) A Reserve officer who has twice failed of selection to the next higher grade and who is not removed from an active status under subsection (a)(1) of this section shall be retained for the period prescribed by the Secretary.
(c) Subject to
(1) if removed from an active status under subsection (a)(1) of this section, on June 30 next following the approval date of the board report by virtue of which the officer's second failure of selection occurs; or
(2) if removed from an active status under subsection (a)(2) of this section, on June 30 next following the date on which the officer completes thirty years of total commissioned service as computed under this section.
(d) For the purpose of this section, the total commissioned service of an officer who has served continuously in the Reserve following appointment in the grade of ensign shall be computed from the date on which that appointment to the Reserve was accepted. A Reserve officer initially appointed in a grade above ensign is considered to have the actual total commissioned service performed in a grade above commissioned warrant officer or the same total commissioned service as an officer of the Regular Coast Guard who has served continuously from an original appointment as ensign, who has not lost numbers or precedence, and who is, or was, junior to the Reserve officer, whichever is greater.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
2012—Subsec. (d).
1994—Subsec. (c).
1985—Subsec. (a)(2).
1983—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§3752. Retention boards; removal from an active status to provide a flow of promotion
(a) Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Reserve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement, except those officers who—
(1) are on extended active duty;
(2) are on a list of selectees for promotion;
(3) will complete 30 years total commissioned service by June 30th following the date that the retention board is convened; or
(4) have reached age 59 by the date on which the retention board is convened.
The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status.
(b) This board shall—
(1) to the extent practicable, consist of at least 50 per centum Reserve officers;
(2) consist only of officers who are senior in rank to any officers being considered by that board; and
(3) to the extent practicable, consist of officers who have not served on the last previous retention board which considered officers of the same grade.
(c) Subject to
(d) The provisions of
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
Subsec. (d).
1996—Subsec. (c).
1994—Subsec. (b).
1993—
1989—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§3753. Maximum ages for retention in an active status
(a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes 60 years of age unless on active duty. If not qualified for retirement, a Reserve officer shall be discharged effective upon the day the officer becomes 60 years of age unless on active duty.
(b) A Reserve officer on active duty shall, if qualified, be retired effective upon the day the officer become 62 years of age. If not qualified for retirement, a Reserve officer on active duty shall be discharged effective upon the day the officer becomes 62 years of age.
(c) Notwithstanding subsections (a) and (b), the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes 64 years of age.
(d) For purposes of this section, "active duty" does not include active duty for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status.
(Added
Editorial Notes
Amendments
2018—
2016—Subsec. (c).
2004—
"(a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes sixty-two years of age.
"(b) Notwithstanding subsection (a) of this section, the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes sixty-four years of age.
"(c) Except as provided for in subsections (a) and (b) of this section, a Reserve officer shall be discharged effective upon the day the officer becomes sixty-two years of age."
1985—Subsec. (b).
1983—Subsec. (b).
§3754. Rear admiral and rear admiral (lower half); maximum service in grade
(a) Unless retained in or removed from an active status under any other law, a reserve rear admiral or rear admiral (lower half) shall be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes 4 years of service after the appointment of the officer to rear admiral (lower half).
(b) Notwithstanding any other provision of law, if promotion of inactive duty promotion list officers to the grade of rear admiral is not determined in accordance with a running mate system, a Reserve officer serving in an active status in the grade of rear admiral (lower half) shall be promoted to the grade of rear admiral, if acceptable to the President and the Senate, on the date the officer has served 2 years in an active status in grade of rear admiral (lower half), or in the case of a vacancy occurring prior to having served 2 years in an active status, on the date the vacancy occurs, if the officer served at least 1 year in an active status in the grade of rear admiral (lower half).
(Added
Editorial Notes
Amendments
2018—
2004—
1985—
1983—
§3755. Appointment of a former Navy or Coast Guard officer
A former officer of the Regular Navy or Coast Guard who applies for a Reserve commission within one year of resigning the officer's Regular commission, and who is appointed in the same grade previously held in the Regular Navy or Coast Guard, shall be given the same date of rank in that grade as that previously assigned to the officer while a member of the Regular Navy or Coast Guard.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3756. Grade on entry upon active duty
A Reserve officer ordered to active duty or active duty for training shall be ordered in the grade held; except that the Secretary may authorize a higher grade.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
§3757. Recall of a retired officer; grade upon release
(a) When an officer in the Retired Reserve or an officer on a Reserve retired list is recalled to active duty, that officer shall be recalled in a manner similar to the recall of a Regular retired officer.
(b) An officer in the Retired Reserve or an officer on a Reserve retired list recalled to active duty shall upon release therefrom be advanced in the Retired Reserve or on the Reserve retired list to the highest grade held on active duty, if: (1) appointed to a higher grade while on that duty, and (2) the officer's performance has been satisfactory in the higher grade.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
CHAPTER 39 —COAST GUARD AUXILIARY
Editorial Notes
Amendments
2018—
§3901. Administration of the Coast Guard Auxiliary
(a) The Coast Guard Auxiliary is a nonmilitary organization administered by the Commandant under the direction of the Secretary. For command, control, and administrative purposes, the Auxiliary shall include such organizational elements and units as are approved by the Commandant, including but not limited to, a national board and staff (to be known as the "Auxiliary headquarters unit"), districts, regions, divisions, flotillas, and other organizational elements and units. The Auxiliary organization and its officers shall have such rights, privileges, powers, and duties as may be granted to them by the Commandant, consistent with this title and other applicable provisions of law. The Commandant may delegate to officers of the Auxiliary the authority vested in the Commandant by this section, in the manner and to the extent the Commandant considers necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary.
(b) Each organizational element or unit of the Coast Guard Auxiliary organization (but excluding any corporation formed by an organizational element or unit of the Auxiliary under subsection (c) of this section), shall, except when acting outside the scope of section 3902, at all times be deemed to be an instrumentality of the United States, for purposes of the following:
(1)
(2)
(3)
(4)
(5)
(6) Other matters related to noncontractual civil liability.
(c) The national board of the Auxiliary, and any Auxiliary district or region, may form a corporation under State law in accordance with policies established by the Commandant.
(d)(1) Except as provided in paragraph (2), personal property of the auxiliary shall not be considered property of the United States.
(2) The Secretary may treat personal property of the auxiliary as property of the United States—
(A) for the purposes of—
(i) the statutes and matters referred to in paragraphs (1) through (6) of subsection (b); and
(ii)
(B) as otherwise provided in this chapter.
(3) The Secretary may reimburse the Auxiliary, and each organizational element and unit of the Auxiliary, for necessary expenses of operation, maintenance, and repair or replacement of personal property of the Auxiliary.
(4) In this subsection, the term "personal property of the Auxiliary" means motor boats, yachts, aircraft, radio stations, motorized vehicles, trailers, or other equipment that is under the administrative jurisdiction of the Coast Guard Auxiliary or an organizational element or unit of the Auxiliary and that is used solely for the purposes described in this subsection.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §§260, 263 (Feb. 19, 1941, ch. 8, title I, §§1, 4,
This section continues the Auxiliary, redefining it as a nonmilitary organization, and providing for its administration. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
Subsec. (b).
Subsec. (d)(2)(A)(ii).
2016—Subsec. (b)(1).
2006—Subsec. (b)(3) to (5).
"(3) The Act of March 3, 1925 (46 App. U.S.C. 781–790; popularly known as the Public Vessels Act).
"(4) The Act of March 9, 1920 (46 App. U.S.C. 741–752; popularly known as the Suits in Admiralty Act).
"(5) The Act of June 19, 1948 (46 App. U.S.C. 740; popularly known as the Admiralty Extension Act)."
2004—Subsec. (d).
1996—
Statutory Notes and Related Subsidiaries
Use of Coast Guard Auxiliary
§3902. Purpose of the Coast Guard Auxiliary
(a)
(b)
(1) the Commandant has determined such waterway, or portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard; or
(2) a State or other proper authority has requested such patrol pursuant to
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §261 (Feb. 19, 1941, ch. 8, title I, §2,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
Subsec. (b)(2).
2016—
1996—
"(a) to promote safety and to effect rescues on and over the high seas and on navigable waters;
"(b) to promote efficiency in the operation of motorboats and yachts;
"(c) to foster a wider knowledge of, and better compliance with, the laws, rules, and regulations governing the operation of motorboats and yachts; and
"(d) to facilitate other operations of the Coast Guard."
§3903. Eligibility; enrollments
The Auxiliary shall be composed of nationals of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (
(1) who—
(A) are owners, sole or part, of motorboats, yachts, aircraft, or radio stations; or
(B) by reason of their special training or experience are deemed by the Commandant to be qualified for duty in the Auxiliary; and
(2) who may be enrolled therein pursuant to applicable regulations.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §§262, 351 (Feb. 19, 1941, ch. 8, title I, §3, title III, §301,
All reference to the Philippine Islands is eliminated.
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
2012—
§3904. Members of the Auxiliary; status
(a) Except as otherwise provided in this chapter, a member of the Coast Guard Auxiliary shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this subsection shall constrain the Commandant from prescribing standards for the conduct and behavior of members of the Auxiliary.
(b) A member of the Auxiliary while assigned to duty shall be deemed to be a Federal employee only for the purposes of the following:
(1)
(2)
(3)
(4)
(5)
(6) Other matters related to noncontractual civil liability.
(7) Compensation for work injuries under
(8) The resolution of claims relating to damage to or loss of personal property of the member incident to service under the Military Personnel and Civilian Employees' Claims Act of 1964 (
(9) Section 651 of
(c) A member of the Auxiliary, while assigned to duty, shall be deemed to be a person acting under an officer of the United States or an agency thereof for purposes of
(Added
Editorial Notes
References in Text
The Military Personnel and Civilian Employees' Claims Act of 1964, referred to in subsec. (b)(8), is
Section 651 of
Amendments
2018—
Subsec. (b)(9).
2016—Subsec. (b)(1).
2006—Subsec. (b)(3) to (5).
"(3) The Act of March 3, 1925 (46 App. U.S.C. 781–790; popularly known as the Public Vessels Act).
"(4) The Act of March 9, 1920 (46 App. U.S.C. 741–752; popularly known as the Suits in Admiralty Act).
"(5) The Act of June 19, 1948 (46 App. U.S.C. 740; popularly known as the Admiralty Extension Act)."
2002—Subsec. (b)(9).
1 See References in Text note below.
§3905. Disenrollment
Members of the Auxiliary may be disenrolled pursuant to applicable regulations.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Experience has shown that it is desirable to have a statute definitely providing for separation of Auxiliarists from the organization. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
§3906. Membership in other organizations
Members of the Auxiliary may be appointed or enlisted in the Reserve, pursuant to applicable regulations, and membership in the Auxiliary shall not be a bar to membership in any other naval or military organization.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §264 (Feb. 19, 1941, ch. 8, title I, §5,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
§3907. Use of member's facilities
(a)
(b)
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §265 (Feb. 19, 1941, ch. 8, title I, §6,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
Subsec. (b).
2006—
1950—Act Aug. 3, 1950, struck out comma after "Secretary" and substituted "any" for "and" after "Secretary".
§3908. Vessel deemed public vessel
While assigned to authorized Coast Guard duty, any motorboat or yacht shall be deemed to be a public vessel of the United States and a vessel of the Coast Guard within the meaning of
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §266 (Feb. 19, 1941, ch. 8, title I, §7,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1996—
§3909. Aircraft deemed public aircraft
While assigned to authorized Coast Guard duty, any aircraft shall be deemed to be a Coast Guard aircraft, a public vessel of the United States, and a vessel of the Coast Guard within the meaning of
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §266a (Feb. 19, 1941, ch. 8, title I, §7A, as added Sept. 30, 1944, ch. 453, §4,
The last clause of said section is eliminated because it might be construed to exempt planes of members from being licensed according to law.
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1996—
§3910. Radio station deemed government station
Any radio station, while assigned to authorized Coast Guard duty shall be deemed to be a radio station of the Coast Guard and a "government station" within the meaning of section 305 of the Communications Act of 1934 (
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §266b (Feb. 19, 1941, ch. 8, title I, §7B, as added Sept. 30, 1944, ch. 453, §4,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1986—
1976—
§3911. Availability of appropriations
(a) Appropriations of the Coast Guard shall be available for the payment of actual necessary traveling expense and subsistence, or commutation of ration allowance in lieu of subsistence, of members of the Auxiliary assigned to authorized duties and for actual necessary expenses of operation of any motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) when assigned to Coast Guard duty, but shall not be available for the payment of compensation for personal services, incident to such operation, other than to personnel of the Coast Guard or the Reserve. The term "actual necessary expenses of operation," as used in this section, shall include payment for fuel, oil, power, water, supplies, provisions, replacement or repair of equipment, repair of any damaged motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) and for the constructive or actual loss of any motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) where it is determined, under applicable regulations, that responsibility for the loss or damage necessitating such replacement or repair of equipment, or for the damage or loss, constructive or actual, of such motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) rests with the Coast Guard.
(b) The Secretary may pay interest on a claim under this section in any case in which a payment authorized under this section is not made within 60 days after the submission of the claim in a manner prescribed by the Secretary. The rate of interest for purposes of this section shall be the annual rate established under section 6621 of the Internal Revenue Code of 1986.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §267 (Feb. 19, 1941, ch. 8, title I, §8,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
References in Text
Section 6621 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to
Amendments
2018—
Subsec. (a).
Subsec. (b).
2006—Subsec. (a).
1996—Subsec. (a).
1986—
§3912. Assignment and performance of duties
No member of the Auxiliary, solely by reason of such membership, shall be vested with, or exercise, any right, privilege, power, or duty vested in or imposed upon the personnel of the Coast Guard or the Reserve, except that any such member may, under applicable regulations, be assigned duties, which, after appropriate training and examination, he has been found competent to perform, to effectuate the purposes of the Auxiliary. No member of the Auxiliary shall be placed in charge of a motorboat, yacht, aircraft, or radio station assigned to Coast Guard duty unless he has been specifically designated by authority of the Commandant to perform such duty. Members of the Auxiliary, when assigned to duties as herein authorized shall, unless otherwise limited by the Commandant, be vested with the same power and authority, in the execution of such duties, as members of the regular Coast Guard assigned to similar duty. When any member of the Auxiliary is assigned to such duty he may, pursuant to regulations issued by the Secretary, be paid actual necessary traveling expenses, including a per diem allowance in conformity with standardized Government travel regulations in lieu of subsistence, while traveling and while on duty away from his home. No per diem shall be paid for any period during which quarters and subsistence in kind are furnished by the Government, and no per diem shall be paid for any period while such member is performing duty on a vessel.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §268 (Feb. 19, 1941, ch. 8, title I, §9,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1996—
§3913. Injury or death in line of duty
When any member of the Auxiliary is physically injured or dies as a result of physical injury incurred while performing any duty to which he has been assigned by competent Coast Guard authority, such member or his beneficiary shall be entitled to the same benefits provided for temporary members of the Reserve who suffer physical injury or death resulting from physical injury incurred incident to service. Members of the Auxiliary who incur physical injury or contract sickness or disease while performing any duty to which they have been assigned by competent Coast Guard authority shall be entitled to the same hospital treatment afforded members of the Coast Guard. The performance of a duty as the term is used in this section includes time engaged in traveling back and forth between the place of assigned duty and the permanent residence of a member of the Auxiliary.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §270 (Feb. 19, 1941, ch. 8, title I, §11, as added Sept. 30, 1944, ch. 453, §7,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1996—
1984—
1974—
CHAPTER 41 —GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY
Editorial Notes
Amendments
2018—
§4101. Flags; pennants; uniforms and insignia
The Secretary may prescribe one or more suitable distinguishing flags, pennants, or other identifying insignia to be displayed by the motorboats, yachts, aircraft, and radio stations owned by members of the Auxiliary and one or more suitable insignia which may be worn by members of the Reserve or the Auxiliary, and may prescribe one or more suitable uniforms which may be worn by members of the Auxiliary. Such flags, pennants, uniforms, and insignia may be furnished by the Coast Guard at actual cost, and the proceeds received therefor shall be credited to current appropriations from which purchase of these articles is authorized.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §352 (Feb. 19, 1941, ch. 8, title III, §302,
Said section has been divided. The first two sentences are placed in this section. The last sentence is placed in
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
§4102. Penalty
Whoever, without proper authority, flies from any building, aircraft, motorboat, yacht, or other vessel, any flag or pennant or displays any identifying insignia or wears any uniform or insignia of the Reserve or the Auxiliary shall be fined not more than $500.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §352 (Feb. 19, 1941, ch. 8, title III, §302,
Said section has been divided. The last sentence is placed in this section. The first two sentences are placed in
Editorial Notes
Amendments
2018—
§4103. Limitation on rights of members of the Auxiliary and temporary members of the Reserve
Members of the Auxiliary and temporary members of the Reserve shall be entitled only to such rights, privileges, and benefits as are specifically set forth for them in this title or as may be specifically provided for them in any other Act of Congress. Any Act of Congress which grants rights, privileges, or benefits generally to military personnel, or among others, to personnel of the Coast Guard and the Coast Guard Reserve, without specifically granting such rights, privileges, or benefits to members of the Auxiliary or temporary members of the Reserve, shall not be deemed applicable to members of the Auxiliary or to temporary members of the Reserve.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §271 (Feb. 19, 1941, ch. 8, title I, §12, as added Sept. 30, 1944, ch. 453, §8,
Temporary members of the Reserve are included within the provisions of this section.
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
§4104. Availability of facilities and appropriations
The services and facilities of and appropriations for the Coast Guard shall be available to effectuate the purposes of the Reserve and the Auxiliary.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §354 (Feb. 19, 1941, ch. 8, title III, §304,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—