14 U.S.C. § 3904 — Members of the Auxiliary; status

Page 220 TITLE 14—COAST GUARD § 3902 HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., §§ 260, 263 (Feb. 19, 1941, ch. 8, title I, §§ 1, 4, 55 Stat. 9, 10). This section continues the Auxiliary, redefining it as a nonmilitary organization, and providing for its ad- ministration. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 119(b), renumbered section 821 of this title as this section. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 3902’’ for ‘‘section 822’’ in introductory provi- sions. Subsec. (d)(2)(A)(ii). Pub. L. 115–282, § 123(b)(2), sub- stituted ‘‘section 901’’ for ‘‘section 641’’. 2016—Subsec. (b)(1). Pub. L. 114–120 substituted ‘‘Chapter 171’’ for ‘‘Chapter 26’’. 2006—Subsec. (b)(3) to (5). Pub. L. 109–304 added pars (3) to (5) and struck out former pars. (3) to (5) which read as follows: ‘‘(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; popu- larly known as the Admiralty Extension Act).’’ 2004—Subsec. (d). Pub. L. 108–293 added subsec. (d). 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 estab- lished on February 19, 1941, is a nonmilitary organiza- tion administered by the Commandant under the direc- tion of the Secretary.’’ Statutory Notes and Related Subsidiaries USE OF COAST GUARD AUXILIARY Pub. L. 99–640, § 9, Nov. 10, 1986, 100 Stat. 3548, required the Secretary of Transportation to investigate and sub- mit to Congress a report within 1 year after Nov. 10, 1986, regarding the membership decline in the Coast Guard Auxiliary, its effect on the maritime commu- nity, and recommendations for legislative and adminis- trative action to achieve and maintain the Coast Guard Auxiliary at its optimum strength. § 3902. Purpose of the Coast Guard Auxiliary (a) IN GENERAL.—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 oper- ation authorized by law. (b) LIMITATION.—The Auxiliary may conduct a patrol of a waterway, or a portion thereof, only if— (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 re- quested such patrol pursuant to section 701 of this title or section 13109 of title 46. (Aug. 4, 1949, ch. 393, 63 Stat. 555, § 822; Pub. L. 104–324, title IV, § 402(a), Oct. 19, 1996, 110 Stat. 3923; Pub. L. 114–120, title II, § 205(a), Feb. 8, 2016, 130 Stat. 36; renumbered § 3902 and amended Pub. L. 115–282, title I, §§ 119(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4236, 4240.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 261 (Feb. 19, 1941, ch. 8, title I, § 2, 55 Stat. 9; Sept. 30, 1944, ch. 453, § 1, 58 Stat. 759). Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 119(b), renumbered section 822 of this title as this section. Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 701’’ for ‘‘section 141’’. 2016—Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Pub. L. 104–324 inserted ‘‘of the Coast Guard Auxiliary’’ after ‘‘Purpose’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘The purpose of the Auxiliary is to assist the Coast Guard: ‘‘(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 mo- torboats and yachts; ‘‘(c) to foster a wider knowledge of, and better com- pliance with, the laws, rules, and regulations gov- erning 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 (8 U.S.C. 1101(a)(22)), and aliens lawfully ad- mitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Na- tionality Act (8 U.S.C. 1101(a)(20))— (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, 63 Stat. 555, § 823; Pub. L. 112–213, title II, § 215(a), Dec. 20, 2012, 126 Stat. 1555; renumbered § 3903, Pub. L. 115–282, title I, § 119(b), Dec. 4, 2018, 132 Stat. 4236.) 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, 55 Stat. 9, 13; Oct. 26, 1942, ch. 628, 56 Stat. 990; Sept. 30, 1944, ch. 453, § 2, 58 Stat. 760). All reference to the Philippine Islands is eliminated. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 823 of this title as this section. 2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: ‘‘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 pur- suant to applicable regulations.’’ § 3904. Members of the Auxiliary; status (a) Except as otherwise provided in this chap- ter, a member of the Coast Guard Auxiliary Page 221 TITLE 14—COAST GUARD § 3907 1 See References in Text note below. 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 compensa- tion, leave, unemployment compensation, Fed- eral employee benefits, ethics, conflicts of inter- est, and other similar criminal or civil statutes and regulations governing the conduct of Fed- eral employees. However, nothing in this sub- section shall constrain the Commandant from prescribing standards for the conduct and behav- ior of members of the Auxiliary. (b) A member of the Auxiliary while assigned to duty shall be deemed to be a Federal em- ployee only for the purposes of the following: (1) Chapter 171 of title 28 (popularly known as the Federal Tort Claims Act). (2) Section 2733 of title 10 (popularly known as the Military Claims Act). (3) Section 30101 of title 46 (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 Pub- lic Vessels Act). (6) Other matters related to noncontractual civil liability. (7) Compensation for work injuries under chapter 81 of title 5. (8) The resolution of claims relating to dam- age to or loss of personal property of the mem- ber incident to service under the Military Per- sonnel and Civilian Employees’ Claims Act of 1964 (31 U.S.C. 3721).1 (9) Section 651 of Public Law 104–208. (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 agen- cy thereof for purposes of section 1442(a)(1) of title 28. (Added Pub. L. 104–324, title IV, § 403(a), Oct. 19, 1996, 110 Stat. 3923, § 823a; amended Pub. L. 107–295, title IV, § 415, Nov. 25, 2002, 116 Stat. 2121; Pub. L. 109–304, § 17(c), Oct. 6, 2006, 120 Stat. 1707; Pub. L. 114–120, title II, § 209(15), Feb. 8, 2016, 130 Stat. 41; Pub. L. 115–232, div. C, title XXXV, § 3533(i), Aug. 13, 2018, 132 Stat. 2321; renumbered § 3904, Pub. L. 115–282, title I, § 119(b), Dec. 4, 2018, 132 Stat. 4236.) Editorial Notes REFERENCES IN TEXT The Military Personnel and Civilian Employees’ Claims Act of 1964, referred to in subsec. (b)(8), is Pub. L. 88–558, Aug. 31, 1964, 78 Stat. 767, which enacted sec- tions 240 to 243 of former Title 31, Money and Finance, amended section 2735 of Title 10, Armed Forces, and re- pealed section 490 of this title and section 2732 of Title 10, and which was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31, Money and Finance. For disposition of sections of former Title 31 into revised Title 31, see Table preceding section 101 of Title 31. For complete classification of this Act to the Code, see Tables. Section 651 of Public Law 104–208, referred to in sub- sec. (b)(9), is section 101(f) [title VI, § 651] of Pub. L. 104–208, which is set out as a note under section 8133 of Title 5, Government Organization and Employees. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 823a of this title as this section. Subsec. (b)(9). Pub. L. 115–232 substituted ‘‘Section’’ for ‘‘On or after January 1, 2001, section’’. 2016—Subsec. (b)(1). Pub. L. 114–120 substituted ‘‘Chapter 171’’ for ‘‘Chapter 26’’. 2006—Subsec. (b)(3) to (5). Pub. L. 109–304 added pars (3) to (5) and struck out former pars. (3) to (5) which read as follows: ‘‘(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; popu- larly known as the Admiralty Extension Act).’’ 2002—Subsec. (b)(9). Pub. L. 107–295 added par. (9). § 3905. Disenrollment Members of the Auxiliary may be disenrolled pursuant to applicable regulations. (Aug. 4, 1949, ch. 393, 63 Stat. 555, § 824; renum- bered § 3905, Pub. L. 115–282, title I, § 119(b), Dec. 4, 2018, 132 Stat. 4236.) 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—Pub. L. 115–282 renumbered section 824 of this title as this section. § 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, 63 Stat. 555, § 825; renum- bered § 3906, Pub. L. 115–282, title I, § 119(b), Dec. 4, 2018, 132 Stat. 4236.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 264 (Feb. 19, 1941, ch. 8, title I, § 5, 55 Stat. 10). Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 825 of this title as this section. § 3907. Use of member’s facilities (a) MOTOR BOATS, YACHTS, AIRCRAFT, AND RADIO STATIONS.—The Coast Guard may utilize for any purpose incident to carrying out its functions and duties as authorized by the Sec- retary 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. (b) MOTOR VEHICLES.—The Coast Guard may utilize to carry out its functions and duties as authorized by the Secretary any motor vehicle