CHAPTER 23 —COAST GUARD AUXILIARY
Amendments
1996—
Chapter Referred to in Other Sections
This chapter is referred to in
§821. 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 822, at all times be deemed to be an instrumentality of the United States, for purposes of the following:
(1)
(2)
(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).
(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.
(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.
References in Text
The Federal Tort Claims Act, referred to in subsec. (b)(1), is classified generally to section 1346(b) and
The Public Vessels Act, referred to in subsec. (b)(3), is act Mar. 3, 1925, ch. 428,
The Suits in Admiralty Act, referred to in subsec. (b)(4), is act Mar. 9, 1920, ch. 95,
Amendments
1996—
Use of Coast Guard Auxiliary
"(a) It is the sense of the Congress that the Coast Guard Auxiliary performs a broad range of services in behalf of the safety and security of the American people, and that the continued strength and vitality of the Coast Guard Auxiliary is important to the United States.
"(b)(1) The Secretary of Transportation shall investigate and submit to the Congress a report within 1 year after the date of enactment of this Act [Nov. 10, 1986] regarding—
"(A) the extent to which membership of the Coast Guard Auxiliary has declined in recent years and the causes of such decline;
"(B) the effect, if any, on the maritime community of any such decline in the performance levels of the Coast Guard Auxiliary in the areas of life-saving, assistance to persons in distress, safety patrols and inspections, and support missions for the Coast Guard; and
"(C) the effect, if any, of the Coast Guard's non-emergency assistance policy on the overall effectiveness of the Coast Guard Auxiliary.
"(2) The report submitted by the Secretary under this section shall include such recommendations for legislative and administrative action as the Secretary considers appropriate to achieve and maintain the Coast Guard Auxiliary at its optimum strength."
1 See References in Text note below.
§822. Purpose of the Coast Guard Auxiliary
The purpose of the Auxiliary is to assist the Coast Guard as authorized by the Commandant, in performing any Coast Guard function, power, duty, role, mission, or operation authorized by law.
(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.
Amendments
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."
Section Referred to in Other Sections
This section is referred to in
§823. Eligibility, enrollments
The Auxiliary shall be composed of citizens of the United States and its territories and possessions, who are owners, sole or part, of motorboats, yachts, aircraft, or radio stations or who by reason of their special training or experience are deemed by the Commandant to be qualified for duty in the Auxiliary, and 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.
§823a. 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) 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).
(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 (
(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
References in Text
The Federal Tort Claims Act, referred to in subsec. (b)(1), is classified generally to section 1346(b) and
The Public Vessels Act, referred to in subsec. (b)(3), is act Mar. 3, 1925, ch. 428,
The Suits in Admiralty Act, referred to in subsec. (b)(4), is act Mar. 9, 1920, ch. 95,
The Military Personnel and Civilian Employees' Claims Act of 1964, referred to in subsec. (b)(8), is
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§824. 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.
§825. 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.
§826. Use of member's facilities
The Coast Guard may utilize for any purpose incident to carrying out its functions and duties as authorized by the Secretary any motorboat, yacht, aircraft, or radio station placed at its disposition for any of such purposes by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof.
(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.
Amendments
1950—Act Aug. 3, 1950, struck out comma after "Secretary" and substituted "any" for "and" after "Secretary".
§827. 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.
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in title 46 section 2110.
§828. 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.
Amendments
1996—
§829. 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.
Amendments
1986—
1976—
§830. 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, or radio station 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, or radio station and for the constructive or actual loss of any motorboat, yacht, aircraft, or radio station 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, or radio station 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 1954.1
(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.
References in Text
Section 6621 of the Internal Revenue Code of 1954, referred to in subsec. (b), was redesignated section 6621 of the Internal Revenue Code of 1986 by
Amendments
1996—Subsec. (a).
1986—
1 See References in Text note below.
§831. 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.
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in
§832. 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.
Amendments
1996—
1984—
1974—