Pub. L. 104-324, tit. IV, sec. 403
MEMBERS OF THE AUXILIARY; STATUS.
SEC. 403. MEMBERS OF THE AUXILIARY; STATUS. (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. 110 STAT. 3924 “(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.”. (b) Clerical Amendment.— The table of sections for chapter 23 of title 14, United States Code, is amended by inserting the following new item after the item relating to section 823: “823a. Members of the Auxiliary; status.”.