§ 823a. — Members of the Auxiliary; status.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC823a]
TITLE 14--COAST GUARD
PART II--COAST GUARD RESERVE AND AUXILIARY
CHAPTER 23--COAST GUARD AUXILIARY
Sec. 823a. Members of the Auxiliary; status
(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 \1\ (popularly known as the Federal
Tort Claims Act).
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\1\ See References in Text note below.
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(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).\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.
(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.)
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.
Amendments
2002--Subsec. (b)(9). Pub. L. 107-295 added par. (9).
Section Referred to in Other Sections
This section is referred to in section 828 of this title.
