§ 3904. Members of the Auxiliary; status
654 words·~3 min read·
/usc/title-14/section-3904A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 171 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)Section 30101 of title 46 (popularly known as the Admiralty Extension Act).
(4)Chapter 309 of title 46 (known as the Suits in Admiralty Act).
(5)Chapter 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 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)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, § 403(a), Oct. 19, 1996, 110 Stat. 3923, § 823a; amended Pub. L. 107–295, title IV, § 415, Nov. 25, 2002, 116 Stat. 2121; Pub. L. 109–304, § 17(c), Oct. 6, 2006, 120 Stat. 1707; Pub. L. 114–120, title II, § 209(15), Feb. 8, 2016, 130 Stat. 41; Pub. L. 115–232, div. C, title XXXV, § 3533(i), Aug. 13, 2018, 132 Stat. 2321; renumbered § 3904, Pub. L. 115–282, title I, § 119(b), Dec. 4, 2018, 132 Stat. 4236.)
Connections3 cite this · traces to 11
Cited by 3 sections · top 2
Traces to 11 documents
U.S. Code
- Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force§ 2733
- Extension of jurisdiction to cases of damage or injury on land§ 30101
- Claims of personnel of agencies and the District of Columbia government for personal property damage or loss§ 3721
- Federal officers or agencies sued or prosecuted§ 1442
- Settlement: final and conclusive§ 2735
- Payment of claims: availability of appropriations§ 2732
- Agency§ 101
- Compensation in case of death§ 8133
20 references not yet in our index
- 1
- Section 651 of Public Law 104–208
- Pub. L. 104–324, title IV, § 403(a)
- 110 Stat. 3923
- Pub. L. 107–295, title IV, § 415
- 116 Stat. 2121
- Pub. L. 109–304, § 17(c)
- 120 Stat. 1707
- 130 Stat. 41
- 132 Stat. 2321
- 132 Stat. 4236
- Pub. L. 88–558
- 78 Stat. 767
- section 490 of this title
- Pub. L. 97–258, § 5(b)
- 96 Stat. 1068
- Pub. L. 104–208
- section 823a of this title
- Pub. L. 109–304
- Pub. L. 107–295
Citation graph
cites case law
§ 3904
Members of the Auxiliary; status
Fed. Reg.×2
C.F.R.×1
Cite1
Pub. L.Section 651 of Public Law 104–208
Pub. L.Pub. L. 104–324, title IV, § 403(a)
Cites 31 · showing 12Cited by 3 across 2 sources