JP 3-50 National Search and Rescue Manual Vol I - US Navy

C. Chapter 23 of 14 USC provides for establishment and operation
of the Coast Guard Auxiliary, establishes as purposes of the Auxiliary
to promote safety and effect rescues, defines Coast Guard Auxiliary
vessels under orders as public vessels of the United States, and allows
reimbursement of certain expenses incurred.
D. 10 USC 9441 establishes the Civil Air Patrol (CAP) as the
official auxiliary of the Air Force and provides for reimbursement of
fuel, oil, and limited aircraft maintenance expenses, while under
orders. CAP officers are "military" insofar as "Posse Comitatus" is
concerned (see par. 1210.F).
E. 46 USC 4302 and 4308, although restricted to certain specific
categories of vessels, provide authority to stop voyages that are
dangerous or otherwise high risk.
1. "Terminate Unsafe Use" empowers boarding officers to suspend
further use of a boat until correction of various deficiencies
is made; such as overloading, no personal flotation devices,
or no fire extinguishers.
2. "Manifestly Unsafe Voyage" authorizes Coast Guard District
Commanders, by delegation from the Secretary of
Transportation, to designate a voyage manifestly unsafe due to
a craft's unsuitable design or configuration, improper
construction or inadequate material condition, or inadequate
operational or safety equipment.
F. 18 USC 1385 (Posse Comitatus Act) contains prohibitions for
military participation in civilian law enforcement activities. There
are some exceptions to this prohibition, including assistance in
hijackings. All DOD SAR planners, including Civil Air Patrol personnel,
who are "military" when under orders, should be aware of DOD Directive
5525.5 and the regulations of their own Services. This act does not
generally apply to the Coast Guard.
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