14 U.S.C. § 3902 — Purpose of the Coast Guard Auxiliary

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