§ 3901. Administration of the Coast Guard Auxiliary

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1949

   Title 14, United States Code, section —

   Pub. L. 81–393 · 63 Stat. 495

   Enacted · 14 U.S.C. § 3901

   Aug. 4, 1949, ch. 393, 63 Stat. 555, § 821

   Source evidence

   Code source credit
   Aug. 4, 1949, ch. 393, 63 Stat. 555, § 821

2. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title IV § 401(a) · 110 Stat. 3901

   1. Inserted · 14 U.S.C. § 3901

      Pub. L. 104–324 inserted “of the Coast Guard Auxiliary” after “Administration” in section catchline

   2. Amended · 14 U.S.C. § 3901

      Pub. L. 104–324 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) In General.— Section 821 of title 14, United States Code, is amended to read as follows: “§ 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 (popularly known as the Federal Tort Claims Act). “(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.”.

3. 2004

   Pub. L. 108–293 title II § 226 · 118 Stat. 1028

   Added · 14 U.S.C. § 3901(d)

   Pub. L. 108–293 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–293 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 226. TREATMENT OF PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED SOLELY FOR AUXILIARY USE.   Section 821 of title 14, United States Code, is amended by adding at the end the following: “(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 641 of this title; 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.” .

4. 2006

   Pub. L. 109–304 § 17(c) · 120 Stat. 1485

   1. Added · 14 U.S.C. § 3901(b)(3)(5)

      Pub. L. 109–304 added pars (3) to (5)

   2. Struck · 14 U.S.C. § 3901(b)(3)(5)

      Pub. L. 109–304 struck out former pars. (3) to (5) which read as follows:

   Source evidence

   Code amendment note
   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; popularly known as the Admiralty Extension Act).”

   Enacted provision · exact public law section
   (c) Title 14.— Sections 821(b) and 823a(b) of title 14, United States Code, are each amended by striking paragraphs (3)–(5) and substituting the following: “(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 Public Vessels Act).” .

5. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 title II § 209(14) · 130 Stat. 27

   Substituted · 14 U.S.C. § 3901(b)(1)

   Pub. L. 114–120 substituted “Chapter 171” for “Chapter 26”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–120 substituted “Chapter 171” for “Chapter 26”.

   Enacted provision · exact public law section
   (14) in section 821(b)(1), by striking “Chapter 26” and inserting “Chapter 171”; and

6. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 119(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 3901

   Pub. L. 115–282, § 119(b), renumbered section 821 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 119(b), renumbered section 821 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 39 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 821Administration of the Coast Guard Auxiliary3901 822Purpose of the Coast Guard Auxiliary3902 823Eligibility; enrollments3903 823aMembers of the Auxiliary; status3904 824Disenrollment3905 825Membership in other organizations3906 826Use of member’s facilities3907 827Vessel deemed public vessel3908 828Aircraft deemed public aircraft3909 829Radio station deemed government station3910 830Availability of appropriations3911 831Assignment and performance of duties3912 832Injury or death in line of duty3913

7. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 3901(b)

   Pub. L. 115–282, § 123(b)(2), substituted “section 3902” for “section 822” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 3902” for “section 822” in introductory provisions.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

8. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 3901(d)(2)(A)(ii)

   Pub. L. 115–282, § 123(b)(2), substituted “section 901” for “section 641”

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A)(ii). Pub. L. 115–282, § 123(b)(2), substituted “section 901” for “section 641”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

9 of 10 references resolved to an enrolled provision · 1 partial