-CITE-

14 USC CHAPTER 23 - COAST GUARD AUXILIARY 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

.

-HEAD-

CHAPTER 23 - COAST GUARD AUXILIARY

-MISC1-

Sec.

821. Administration of the Coast Guard Auxiliary.

822. Purpose of the Coast Guard Auxiliary.

823. Eligibility, enrollments.

823a. Members of the Auxiliary; status.

824. Disenrollment.

825. Membership in other organizations.

826. Use of member's facilities.

827. Vessel deemed public vessel.

828. Aircraft deemed public aircraft.

829. Radio station deemed government station.

830. Availability of appropriations.

831. Assignment and performance of duties.

832. Injury or death in line of duty.

AMENDMENTS

1996 - Pub. L. 104-324, title IV, Sec. 401(b), 402(b), 403(b),

Oct. 19, 1996, 110 Stat. 3923, 3924, inserted ''of the Coast Guard

Auxiliary'' after ''Administration'' in item 821, inserted ''of the

Coast Guard Auxiliary'' after ''Purpose'' in item 822, and added

item 823a.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 141 of this title; title

46 section 13109.

-CITE-

14 USC Sec. 821 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 821. Administration of the Coast Guard Auxiliary

-STATUTE-

(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 (FOOTNOTE 1) (popularly known as the

Federal Tort Claims Act).

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 555; Pub. L. 104-324, title IV,

Sec. 401(a), Oct. 19, 1996, 110 Stat. 3922.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 260, 263 (Feb. 19,

1941, ch. 8, title I, Sec. 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.

-REFTEXT-

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.

-MISC2-

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.''

-CITE-

14 USC Sec. 822 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 822. Purpose of the Coast Guard Auxiliary

-STATUTE-

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 operation authorized by

law.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 555; Pub. L. 104-324, title IV,

Sec. 402(a), Oct. 19, 1996, 110 Stat. 3923.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 261 (Feb. 19, 1941, ch.

8, title I, Sec. 2, 55 Stat. 9; Sept. 30, 1944, ch. 453, Sec. 1, 58

Stat. 759).

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

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 motorboats and

yachts;

''(c) to foster a wider knowledge of, and better compliance

with, the laws, rules, and regulations governing the operation of

motorboats and yachts; and

''(d) to facilitate other operations of the Coast Guard.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 821 of this title.

-CITE-

14 USC Sec. 823 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 823. Eligibility, enrollments

-STATUTE-

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 pursuant to applicable regulations.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 555.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 262, 351 (Feb. 19,

1941, ch. 8, title I, Sec. 3, title III, Sec. 301, 55 Stat. 9, 13;

Oct. 26, 1942, ch. 628, 56 Stat. 990; Sept. 30, 1944, ch. 453, Sec.

2, 58 Stat. 760).

All reference to the Philippine Islands is eliminated.

Changes were made in phraseology. 81st Congress, House Report No.

557.

-CITE-

14 USC Sec. 823a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 823a. Members of the Auxiliary; status

-STATUTE-

(a) Except as otherwise provided in this chapter, a member of the

Coast Guard Auxiliary 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 compensation, leave, unemployment compensation, Federal

employee benefits, ethics, conflicts of interest, and other similar

criminal or civil statutes and regulations governing the conduct of

Federal employees. However, nothing in this subsection shall

constrain the Commandant from prescribing standards for the conduct

and behavior of members of the Auxiliary.

(b) A member of the Auxiliary while assigned to duty shall be

deemed to be a Federal employee only for the purposes of the

following:

(1) Chapter 26 of title 28 (FOOTNOTE 1) (popularly known as the

Federal Tort Claims Act).

(FOOTNOTE 1) See References in Text note below.

(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.

(7) Compensation for work injuries under chapter 81 of title 5.

(8) The resolution of claims relating to damage to or loss of

personal property of the member incident to service under the

Military Personnel and Civilian Employees' Claims Act of 1964 (31

U.S.C. 3721). (FOOTNOTE 1)

(9) On or after January 1, 2001, 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 agency thereof for purposes of section 1442(a)(1) of title

28.

-SOURCE-

(Added Pub. L. 104-324, title IV, Sec. 403(a), Oct. 19, 1996, 110

Stat. 3923; amended Pub. L. 107-295, title IV, Sec. 415, Nov. 25,

2002, 116 Stat. 2121.)

-REFTEXT-

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.

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, as amended, which enacted sections 240 to 243

of former Title 31, Money and Finance, amended section 2735 of

Title 10, Armed Forces, and repealed section 490 of this title and

section 2732 of Title 10, and which was repealed by Pub. L. 97-258,

Sec. 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 subsec. (b)(9),

is section 101(f) (title VI, Sec. 651) of Pub. L. 104-208, which is

set out as a note under section 8133 of Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(9). Pub. L. 107-295 added par. (9).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 828 of this title.

-CITE-

14 USC Sec. 824 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 824. Disenrollment

-STATUTE-

Members of the Auxiliary may be disenrolled pursuant to

applicable regulations.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 555.)

-MISC1-

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.

-CITE-

14 USC Sec. 825 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 825. Membership in other organizations

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 555.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 264 (Feb. 19, 1941, ch.

8, title I, Sec. 5, 55 Stat. 10).

Changes were made in phraseology. 81st Congress, House Report No.

557.

-CITE-

14 USC Sec. 826 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 826. Use of member's facilities

-STATUTE-

The Coast Guard may utilize for any purpose incident to carrying

out its functions and duties as authorized by the Secretary 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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 555; Aug. 3, 1950, ch. 536, Sec.

35, 64 Stat. 408.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 265 (Feb. 19, 1941, ch.

8, title I, Sec. 6, 55 Stat. 10; Nov. 23, 1942, ch. 639, Sec. 2(1),

56 Stat. 1021; Sept. 30, 1944, ch. 453, Sec. 3, 58 Stat. 760).

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1950 - Act Aug. 3, 1950, struck out comma after ''Secretary'' and

substituted ''any'' for ''and'' after ''Secretary''.

-CITE-

14 USC Sec. 827 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 827. Vessel deemed public vessel

-STATUTE-

While assigned to authorized Coast Guard duty, any motorboat or

yacht shall be deemed to be a public vessel of the United States

and a vessel of the Coast Guard within the meaning of sections 646

and 647 of this title and other applicable provisions of law.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 555; Pub. L. 104-324, title IV,

Sec. 406, Oct. 19, 1996, 110 Stat. 3924.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 266 (Feb. 19, 1941, ch.

8, title I, Sec. 7, 55 Stat. 10).

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1996 - Pub. L. 104-324 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''Any motorboat or yacht, while assigned to authorized

Coast Guard duty shall be deemed to be a public vessel of the

United States, and within the meaning of section 646 of this title

shall be deemed to be a vessel of the Coast Guard.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 section 2110.

-CITE-

14 USC Sec. 828 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 828. Aircraft deemed public aircraft

-STATUTE-

While assigned to authorized Coast Guard duty, any aircraft shall

be deemed to be a Coast Guard aircraft, a public vessel of the

United States, and a vessel of the Coast Guard within the meaning

of sections 646 and 647 of this title and other applicable

provisions of law. Subject to the provisions of sections 823a and

831 of this title, while assigned to duty, qualified Auxiliary

pilots shall be deemed to be Coast Guard pilots.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 556; Pub. L. 104-324, title IV,

Sec. 407, Oct. 19, 1996, 110 Stat. 3925.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 266a (Feb. 19, 1941,

ch. 8, title I, Sec. 7A, as added Sept. 30, 1944, ch. 453, Sec. 4,

58 Stat. 760).

The last clause of said section is eliminated because it might be

construed to exempt planes of members from being licensed according

to law.

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1996 - Pub. L. 104-324 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''Any aircraft, while assigned to authorized Coast Guard

duty shall be deemed to be a vessel of the Coast Guard within the

meaning of section 646 of this title.''

-CITE-

14 USC Sec. 829 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 829. Radio station deemed government station

-STATUTE-

Any radio station, while assigned to authorized Coast Guard duty

shall be deemed to be a radio station of the Coast Guard and a

''government station'' within the meaning of section 305 of the

Communications Act of 1934 (47 U.S.C. 305).

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 556; Pub. L. 94-546, Sec. 1(38),

Oct. 18, 1976, 90 Stat. 2522; Pub. L. 99-640, Sec. 10(a)(8), Nov.

10, 1986, 100 Stat. 3549.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 266b (Feb. 19, 1941,

ch. 8, title I, Sec. 7B, as added Sept. 30, 1944, ch. 453, Sec. 4,

58 Stat. 760).

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1986 - Pub. L. 99-640 substituted ''section'' for ''Section''.

1976 - Pub. L. 94-546 substituted ''Section 305 of the

Communications Act of 1934 (47 U.S.C. 305)'' for ''chapter 5, of

Title 47''.

-CITE-

14 USC Sec. 830 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 830. Availability of appropriations

-STATUTE-

(a) Appropriations of the Coast Guard shall be available for the

payment of actual necessary traveling expense and subsistence, or

commutation of ration allowance in lieu of subsistence, of members

of the Auxiliary assigned to authorized duties and for actual

necessary expenses of operation of any motorboat, yacht, aircraft,

or radio station when assigned to Coast Guard duty, but shall not

be available for the payment of compensation for personal services,

incident to such operation, other than to personnel of the Coast

Guard or the Reserve. The term ''actual necessary expenses of

operation,'' as used in this section, shall include payment for

fuel, oil, power, water, supplies, provisions, replacement or

repair of equipment, repair of any damaged motorboat, yacht,

aircraft, or radio station and for the constructive or actual loss

of any motorboat, yacht, aircraft, or radio station where it is

determined, under applicable regulations, that responsibility for

the loss or damage necessitating such replacement or repair of

equipment, or for the damage or loss, constructive or actual, of

such motorboat, yacht, aircraft, or radio station rests with the

Coast Guard.

(b) The Secretary may pay interest on a claim under this section

in any case in which a payment authorized under this section is not

made within 60 days after the submission of the claim in a manner

prescribed by the Secretary. The rate of interest for purposes of

this section shall be the annual rate established under section

6621 of the Internal Revenue Code of 1954. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 556; Pub. L. 99-640, Sec. 8, Nov.

10, 1986, 100 Stat. 3548; Pub. L. 104-324, title IV, Sec. 404(a),

Oct. 19, 1996, 110 Stat. 3924.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 267 (Feb. 19, 1941, ch.

8, title I, Sec. 8, 55 Stat. 10; June 6, 1942, ch. 385, Sec. 1(1),

56 Stat. 329; Sept. 30, 1944, ch. 449, Sec. 2, 58 Stat. 757; Sept.

30, 1944, ch. 453, Sec. 5, 58 Stat. 760).

Changes were made in phraseology. 81st Congress, House Report No.

557.

-REFTEXT-

REFERENCES IN TEXT

Section 6621 of the Internal Revenue Code of 1954, referred to in

subsec. (b), was redesignated section 6621 of the Internal Revenue

Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, and is classified to section 6621 of Title 26, Internal

Revenue Code.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324 struck out ''specific'' after

''authorized''.

1986 - Pub. L. 99-640 designated existing provisions as subsec.

(a) and added subsec. (b).

-CITE-

14 USC Sec. 831 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 831. Assignment and performance of duties

-STATUTE-

No member of the Auxiliary, solely by reason of such membership,

shall be vested with, or exercise, any right, privilege, power, or

duty vested in or imposed upon the personnel of the Coast Guard or

the Reserve, except that any such member may, under applicable

regulations, be assigned duties, which, after appropriate training

and examination, he has been found competent to perform, to

effectuate the purposes of the Auxiliary. No member of the

Auxiliary shall be placed in charge of a motorboat, yacht,

aircraft, or radio station assigned to Coast Guard duty unless he

has been specifically designated by authority of the Commandant to

perform such duty. Members of the Auxiliary, when assigned to

duties as herein authorized shall, unless otherwise limited by the

Commandant, be vested with the same power and authority, in the

execution of such duties, as members of the regular Coast Guard

assigned to similar duty. When any member of the Auxiliary is

assigned to such duty he may, pursuant to regulations issued by the

Secretary, be paid actual necessary traveling expenses, including a

per diem allowance in conformity with standardized Government

travel regulations in lieu of subsistence, while traveling and

while on duty away from his home. No per diem shall be paid for

any period during which quarters and subsistence in kind are

furnished by the Government, and no per diem shall be paid for any

period while such member is performing duty on a vessel.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 556; Pub. L. 104-324, title IV,

Sec. 404(b), Oct. 19, 1996, 110 Stat. 3924.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 268 (Feb. 19, 1941, ch.

8, title I, Sec. 9, 55 Stat. 10; July 11, 1941, ch. 290, Sec.

10(1), 55 Stat. 587; Sept. 30, 1944, ch. 453, Sec. 6, 58 Stat.

761).

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1996 - Pub. L. 104-324 struck out ''specific'' after ''be

assigned'' and after ''when assigned to''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 828 of this title.

-CITE-

14 USC Sec. 832 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 23 - COAST GUARD AUXILIARY

-HEAD-

Sec. 832. Injury or death in line of duty

-STATUTE-

When any member of the Auxiliary is physically injured or dies as

a result of physical injury incurred while performing any duty to

which he has been assigned by competent Coast Guard authority, such

member or his beneficiary shall be entitled to the same benefits

provided for temporary members of the Reserve who suffer physical

injury or death resulting from physical injury incurred incident to

service. Members of the Auxiliary who incur physical injury or

contract sickness or disease while performing any duty to which

they have been assigned by competent Coast Guard authority shall be

entitled to the same hospital treatment afforded members of the

Coast Guard. The performance of a duty as the term is used in this

section includes time engaged in traveling back and forth between

the place of assigned duty and the permanent residence of a member

of the Auxiliary.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 556; Pub. L. 93-283, Sec. 1(15),

May 14, 1974, 88 Stat. 141; Pub. L. 98-557, Sec. 15(a)(3)(D), Oct.

30, 1984, 98 Stat. 2865; Pub. L. 104-324, title IV, Sec. 404(c),

Oct. 19, 1996, 110 Stat. 3924.)

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HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 270 (Feb. 19, 1941, ch.

8, title I, Sec. 11, as added Sept. 30, 1944, ch. 453, Sec. 7, 58

Stat. 761).

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1996 - Pub. L. 104-324 struck out ''specific'' after ''performing

any'' in two places and after ''performance of a''.

1984 - Pub. L. 98-557 substituted reference to members for

reference to officers and enlisted men after ''treatment

afforded''.

1974 - Pub. L. 93-283 included time engaged in traveling back and

forth between the place of assigned duty and the permanent

residence of a member of the Auxiliary as the performance of a

specific duty.

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