Pub. L. 104-324, tit. IV, sec. 401
ADMINISTRATION OF THE COAST GUARD AUXILIARY.
SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY. (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). 110 STAT. 3923 “(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.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 23 of title 14, United States Code, is amended by striking the item relating to section 821, and inserting the following: “821. Administration of the Coast Guard Auxiliary.”.