§ 3904. Members of the Auxiliary; status

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title IV § 403(a) · 110 Stat. 3901

   Enacted · 14 U.S.C. § 3904

   Added Pub. L. 104–324, title IV, § 403(a), Oct. 19, 1996, 110 Stat. 3923, § 823a

   Source evidence

   Code source credit
   Added Pub. L. 104–324, title IV, § 403(a), Oct. 19, 1996, 110 Stat. 3923, § 823a

   Enacted provision · exact public law section
   (a) In General.— Title 14, United States Code, is amended by inserting after section 823 the following new section: “§ 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 (popularly known as the Federal Tort Claims Act). “(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). “(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.”.

2. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 title IV § 415 · 116 Stat. 2064

   Added · 14 U.S.C. § 3904(b)(9)

   Pub. L. 107–295 added par. (9)

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 107–295 added par. (9).

   Enacted provision · exact public law section
   SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST GUARD AUXILIARISTS. Section 823a(b) of title 14, United States Code, is amended by inserting after paragraph (8) the following: “(9) On or after January 1, 2001, section 651 of Public Law 104-208.”.

3. 2006

   Pub. L. 109–304 § 17(c) · 120 Stat. 1485

   1. Added · 14 U.S.C. § 3904(b)(3)(5)

      Pub. L. 109–304 added pars (3) to (5)

   2. Struck · 14 U.S.C. § 3904(b)(3)(5)

      Pub. L. 109–304 struck out former pars. (3) to (5) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b)(3) to (5). Pub. L. 109–304 added 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).”

   Enacted provision · exact public law section
   (c) Title 14.— Sections 821(b) and 823a(b) of title 14, United States Code, are each amended by striking paragraphs (3)–(5) and substituting the following: “(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).” .

4. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 title II § 209(15) · 130 Stat. 27

   Substituted · 14 U.S.C. § 3904(b)(1)

   Pub. L. 114–120 substituted “Chapter 171” for “Chapter 26”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–120 substituted “Chapter 171” for “Chapter 26”.

   Enacted provision · exact public law section
   (15) in section 823a(b)(1), by striking “Chapter 26” and inserting “Chapter 171”.

5. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3533(i) · 132 Stat. 1636

   Substituted · 14 U.S.C. § 3904(b)(9)

   Pub. L. 115–232 substituted “Section” for “On or after January 1, 2001, section”

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 115–232 substituted “Section” for “On or after January 1, 2001, section”.

   Enacted provision · exact public law section
   (i) Members of the Auxiliary; Status.— Section 823a(b)(9) of title 14, United States Code, is amended by striking “On or after January 1, 2001, section” and inserting “Section”.

6. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title I § 119(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 3904

   Pub. L. 115–282 renumbered section 823a of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282 renumbered section 823a of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 39 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 821Administration of the Coast Guard Auxiliary3901 822Purpose of the Coast Guard Auxiliary3902 823Eligibility; enrollments3903 823aMembers of the Auxiliary; status3904 824Disenrollment3905 825Membership in other organizations3906 826Use of member’s facilities3907 827Vessel deemed public vessel3908 828Aircraft deemed public aircraft3909 829Radio station deemed government station3910 830Availability of appropriations3911 831Assignment and performance of duties3912 832Injury or death in line of duty3913

7 of 7 references resolved to an enrolled provision