(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 (popularly known as the Federal Tort Claims Act).
2733 of title
10 (popularly known as the Military Claims Act).
30101 of title
46 (popularly known as the Admiralty Extension Act).
309 of title
46 (known as the Suits in Admiralty Act).
311 of title
46 (known as the Public Vessels Act).
(6)Other matters related to noncontractual civil liability.
(7)Compensation for work injuries under chapter
81 of title
(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).
(9)On or after January 1, 2001, section 651 ofPublic 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
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10, Armed Forces, and repealed section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10, and which was repealed by Pub.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, § 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 ofPublic Law 104–208, referred to in subsec. (b)(9), is section
101(f) [title VI, § 651] of Pub. L. 104–208, which is set out as a note under section
8133 of Title
5, Government Organization and Employees.
2006—Subsec. (b)(3) to (5). Pub. L. 109–304added pars (3) to (5) and struck out former pars. (3) to (5) which read as follows:
“(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).”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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