§ 821. — Administration of the Coast Guard Auxiliary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC821]
TITLE 14--COAST GUARD
PART II--COAST GUARD RESERVE AND AUXILIARY
CHAPTER 23--COAST GUARD AUXILIARY
Sec. 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) Chapter 26 of title 28 \1\ (popularly known as the Federal
Tort Claims Act).
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\1\ See References in Text note below.
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(2) Section 2733 of title 10 (popularly known as the Military
Claims Act).
(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, 63 Stat. 555; Pub. L. 104-324, title IV,
Sec. 401(a), Oct. 19, 1996, 110 Stat. 3922.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Secs. 260, 263 (Feb. 19, 1941,
ch. 8, title I, Secs. 1, 4, 55 Stat. 9, 10).
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 chapter 171 (Sec. 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure. Title 28 does not
contain a chapter 26.
The Public Vessels Act, referred to in subsec. (b)(3), is act Mar.
3, 1925, ch. 428, 43 Stat. 1112, as amended, which is classified
generally to chapter 22 (Sec. 781 et seq.) of Title 46, Appendix,
Shipping. For complete classification of this Act to the Code, see Short
Title note set out under section 781 of Title 46, Appendix, and Tables.
The Suits in Admiralty Act, referred to in subsec. (b)(4), is act
Mar. 9, 1920, ch. 95, 41 Stat. 525, as amended, which is classified
generally to chapter 20 (Sec. 741 et seq.) of Title 46, Appendix. For
complete classification of this Act to the Code, see Short Title note
set out under section 741 of Title 46, Appendix, and Tables.
Amendments
1996--Pub. L. 104-324 inserted ``of the Coast Guard Auxiliary''
after ``Administration'' in section catchline and amended text
generally. Prior to amendment, text read as follows: ``The Coast Guard
Auxiliary established on February 19, 1941, is a nonmilitary
organization administered by the Commandant under the direction of the
Secretary.''
Use of Coast Guard Auxiliary
Pub. L. 99-640, Sec. 9, Nov. 10, 1986, 100 Stat. 3548, provided
that:
``(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.''
