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14 U.S.C. § 3901 — Administration of the Coast Guard Auxiliary
Federal law — U.S. Code and appendices · legal_authorities
**(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) Chapter 171 of title 28 (popularly known as the Federal Tort Claims Act).
(2) [Section 2733 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2733&num=0&edition=prelim) (popularly known as the Military Claims Act).
(3) [Section 30101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30101&num=0&edition=prelim) (popularly known as the Admiralty Extension Act).
(4)
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Stable record: federal_law:legal_authorities:record_usc_cd81870e505a9a5dd27bb285
Source file: Laws/federal/codes/united-states-code/title-14/section-3901-administration-of-the-coast-guard-auxiliary--454ee6b1f6.md
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Source location: Title 14, Chapter 39, § 3901; chapter-039-coast-guard-auxiliary.md
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**(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) Chapter 171 of title 28 (popularly known as the Federal Tort Claims Act).
(2) [Section 2733 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2733&num=0&edition=prelim) (popularly known as the Military Claims Act).
(3) [Section 30101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30101&num=0&edition=prelim) (popularly known as the Admiralty Extension Act).
(4) Chapter 309 of title 46 (known as the Suits in Admiralty Act).
(5) Chapter 311 of title 46 (known as the Public Vessels 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.
**(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) [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section901&num=0&edition=prelim); and
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land.
**(b) Procedure.—** A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters.
**(c) Actions Against United States.—**
(1) **Exclusive remedy.—** — In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy.
(2) **Administrative claim.—** — A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 30101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Commandant subject to applicable regulations under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 may dispose of, with or without charge, to the Coast Guard Auxiliary, including any incorporated unit thereof, to the sea-scout service of the Boy Scouts of America, and to any public body or private organization not organized for profit having an interest therein for historical or other special reasons, such obsolete or other material as may not be needed for the Coast Guard.
**(b)** The Commandant may, under regulations prescribed by the Secretary, sell apparatus or equipment manufactured by or in use in the Coast Guard, which is not readily procurable in the open market. The money received from such sale shall be deposited in the Treasury to the credit of the current appropriation from which purchase of similar apparatus or equipment is authorized.
**(c)**
(1) The Commandant may—
(A) provide for the sale of recyclable materials that the Coast Guard holds;
(B) provide for the operation of recycling programs at Coast Guard installations; and
(C) designate Coast Guard installations that have qualified recycling programs for the purposes of subsection (d)(2).
(2) Recyclable materials shall be sold in accordance with sections 541–555 of title 40, except that the Commandant may conduct sales of materials for which the proceeds of sale will not exceed $5,000 under regulations prescribed by the Commandant.
**(d)**
(1) Proceeds from the sale of recyclable materials at a Coast Guard installation shall be credited to funds available for operations and maintenance at that installation in amounts sufficient to cover operations, maintenance, recycling equipment, and overhead costs f
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal to him, the Judge Advocate General of an armed force under his jurisdiction, or the chief Counsel of the Coast Guard, as appropriate, if designated by him, may settle, and pay in an amount not more than $100,000, a claim against the United States for—
(1) damage to or loss of real property, including damage or loss incident to use and occupancy;
(2) damage to or loss of personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be; or
(3) personal injury or death;
either caused by a civilian officer or employee of that department, or the Coast Guard, or a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department, or the Coast Guard.
**(b)** A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by [section 2734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2734&num=0&edition=prelim) or [section 2672 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2672&num=0&edition=prelim);
(3)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2733
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Federal law — U.S. Code and appendices · legal_authorities
Page 219
TITLE 14—COAST GUARD
§ 3901
revision of former chapter 21 of this title by Pub. L.
96–322.
AMENDMENTS
2018—Pub. L. 115–282 renumbered section 745 of this
title as this section.
§ 3757. Recall of a retired officer; grade upon re-
lease
(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 offi-
cer 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 Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat.
1015, § 746; renumbered § 3757, Pub. L. 115–282,
title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 793 of this title prior to the complete
revision of former chapter 21 of this title by Pub. L.
96–322.
AMENDMENTS
2018—Pub. L. 115–282 renumbered section 746 of this
title as this section.
CHAPTER 39—COAST GUARD AUXILIARY
Sec.
3901.
Administration of the Coast Guard Auxiliary.
3902.
Purpose of the Coast Guard Auxiliary.
3903.
Eligibility; enrollments.
3904.
Members of the Auxiliary; status.
3905.
Disenrollment.
3906.
Membership in other organizations.
3907.
Use of member’s facilities.
3908.
Vessel deemed public vessel.
3909.
Aircraft deemed public aircraft.
3910.
Radio station deemed government station.
3911.
Availability of appropriations.
3912.
Assignment and
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 3901
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