Page:United States Statutes at Large Volume 55 Part 1.djvu/35

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PUBLIC LAWS-CH. 8-FEB. 19, 1941 Islands, who are owners (sole or part) of motorboats or yachts, and who may be enrolled therein pursuant to regulations prescribed under the authority of this Act. Administration. SEC. 4. The Auxiliary shall be a nonmilitary organization admin- istered by the Commandant of the Coast Guard (hereinafter referred to as the "Commandant") under the direction of the Secretary of the Treasury, and the Commandant shall, with the approval of the Secre- tary of the Treasury, prescribe such regulations as may be necessary to effectuate the purposes of this title. Membership in SEC. 5 . Subject to regulations prescribed under the authority of this Act, members of the Auxiliary may also be enrolled in the Coast Guard Reserve established by title II of this Act, and membership in the Auxiliary shall not be a bar to membership in any other naval or military organization. craUby Coast mbGar'd SEC. 6. The Coast Guard is authorized to utilize in the conduct of duties incident to the saving of life and property, in the patrol of marine parades and regattas, or for any other purpose incident to the carrying out of the functions and duties of the Coast Guard which may be authorized by the Secretary of the Treasury, any motorboat or yacht placed at its disposition for any of such purposes by any member of the Auxiliary. No such motorboat or yacht shall be assigned to Coast Guard duty unless it is placed in charge of a commissioned officer, chief warrant officer, warrant officer, or petty officer of the Coast Guard or the Coast Guard Reserve established by title II of this Act during such assignment. Motorboat, etc., as- SEC. 7 . Any motorboat or yacht, while assigned to Coast Guard signed to Coast Guard duty. oa duty as herein authorized, shall be deemed to be a public vessel of the United States, and within the meaning of the Act of June 15, 4 u. . 71. 1936 (49 Stat. 1514; U. S. C., Supp. V, title 14, sec. 71), shall be deemed to be a vessel of the United States Coast Guard. Operating expenses; SEC. 8 . Appropriations of the Coast Guard shall be available for payment restrictions. the payment of actual necessary expenses of operation of any such motorboat or yacht when so utilized, but shall not be available for the payment of compensation for personal services, incident to such operation, to other than personnel of the regular Coast Guard or the Coast Guard Reserve established by title II of this Act. The "Actual necessary term "actual necessary expenses of operation", as used herein, shall tion. " include fuel, oil, water, supplies, provisions, and any replacement or repair of equipment or any repair of the motorboat or yacht where, upon investigation by a board of not less than three commis- sioned officers of the regular Coast Guard, it is determined that responsibility for the loss or damage necessitating such replacement or repair of equipment or such repair of the motorboat or yacht rests with the Coast Guard. gRestriction onmem SEC. 9 . No member of the Auxiliary, solely by reason of such mem- ighs, etc., of m. . bers. bership, shall be vested with or exercise any right, privilege, power, or duty vested in or imposed upon the personnel of the Coast Guard, Service in advisory except that any such member may, under such regulations as the capacity. Commandant shall prescribe, act in an advisory capacity to the Com- Post, p. 587. mandant in the administration of the Auxiliary. Any member per- forming such service shall, upon authorization by the Commandant, be entitled to actual expenses of travel and to a per diem allowance not exceeding $5 per day while performing such travel from and to his home and while engaged upon such service. bexeisti ln et, ormde, SEC. 10. All orders, rules, regulations, enrollments, privileges, or applicable to Auxil- other benefits made, issued, or granted pursuant to the Coast Guard i3 Stat. 854. Reserve Act of 1939, as amended, and in effect on the date of the 14.S. C.ch. 9. enactment of this Act, shall be applicable to the Coast Guard Aux- iliary and shall continue in effect hereunder until modified or revoked in accordance with the provisions of this Act. [55 STAT.