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14 U.S.C. § 3904 — Members of the Auxiliary; status

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3904 — 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 171 of title 28 (popularly known as the Federal Tort Claims Act). (2) [Section 2733 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2733&num=0&edition=prelim) (popularly known as the Military Claims Act). (3) [Section 30101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30101&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim)).11 See R

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Source location: Title 14, Chapter 39, § 3904; chapter-039-coast-guard-auxiliary.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2732 — Payment of claims: availability of appropriations

Appropriations available to the Department of Defense for operation and maintenance may be used for payment of claims authorized by law to be paid by the Department of Defense (except for civil functions), including— (1) claims for damages arising under training contracts with carriers; and (2) repayment of amounts determined by the Secretary concerned to have been erroneously collected— (A) from military and civilian personnel of the Department of Defense; or (B) from States or territories or the District of Columbia (or members of the National Guard units thereof).

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5 U.S.C. § 8133 — Compensation in case of death

**(a)** If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: (1) To the widow or widower, if there is no child, 50 percent. (2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children. (3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike. (4) To the parents, if there is no widow, widower, or child, as follows— (A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; (B) 20 percent to each if both were wholly dependent; or (C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent. (5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows— (A) 20 percent if one was wholly dependent on the employee at the time of death; (B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or (C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike. If there is a widow, widower, child, or de

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3721 — Claims of personnel of agencies and the District of Columbia government for personal property damage or loss

**(a)** In this section— (1) “agency” does not include a nonappropriated fund activity or a contractor with the United States Government. (2) “head of an agency” means— (A) for a military department, the Secretary of the military department; (B) for the Department of Defense (except the military departments), the Secretary of Defense; and (C) for another agency, the head of the agency. (3) “settle” means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance. **(b)** (1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. If, however, the claim arose from an emergency evacuation or from extraordinary circumstances, the amount settled and paid under the authority of the preceding sentence may exceed $40,000, but may not exceed $100,000. A claim allowed under this subsection may be paid in money or the personal property replaced in kind. (2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in [section 5522(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5522/a&num=0&edition=prelim), if the Secretary determines that there exists exceptional circumstances that warrant such a waiver. **(c)** On paying a claim under t

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 30101 — Extension of jurisdiction to cases of damage or injury on land

**(a) In General.—** The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land. **(b) Procedure.—** A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters. **(c) Actions Against United States.—** (1) **Exclusive remedy.—** — In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy. (2) **Administrative claim.—** — A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage.

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10 U.S.C. § 2735 — Settlement: final and conclusive

Notwithstanding any other provision of law, the settlement of a claim under section 2733, 2733a, 2734, 2734a, 2734b, or 2737 of this title is final and conclusive.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2733 — Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force

**(a)** Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal to him, the Judge Advocate General of an armed force under his jurisdiction, or the chief Counsel of the Coast Guard, as appropriate, if designated by him, may settle, and pay in an amount not more than $100,000, a claim against the United States for— (1) damage to or loss of real property, including damage or loss incident to use and occupancy; (2) damage to or loss of personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be; or (3) personal injury or death; either caused by a civilian officer or employee of that department, or the Coast Guard, or a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department, or the Coast Guard. **(b)** A claim may be allowed under subsection (a) only if— (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated; (2) it is not covered by [section 2734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2734&num=0&edition=prelim) or [section 2672 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2672&num=0&edition=prelim); (3)

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 101 — Agency

In this title, “agency” means a department, agency, or instrumentality of the United States Government.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3904 — Members of the Auxiliary; status

Page 220 TITLE 14—COAST GUARD § 3902 HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., §§ 260, 263 (Feb. 19, 1941, ch. 8, title I, §§ 1, 4, 55 Stat. 9, 10). This section continues the Auxiliary, redefining it as a nonmilitary organization, and providing for its ad- ministration. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 119(b), renumbered section 821 of this title as this section. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 3902’’ for ‘‘section 822’’ in introductory provi- sions. Subsec. (d)(2)(A)(ii). Pub. L. 115–282, § 123(b)(2), sub- stituted ‘‘section 901’’ for ‘‘section 641’’. 2016—Subsec. (b)(1). Pub. L. 114–120 substituted ‘‘Chapter 171’’ for ‘‘Chapter 26’’. 2006—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; popu- larly known as the Admiralty Extension Act).’’ 2004—Subsec. (d). Pub. L. 108–293 added subsec. (d). 1996—Pub. L. 104–324 inserted ‘‘of the Coast Guard Auxiliary’’ after ‘‘Administration’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘The Coast Guard Auxiliary estab- lished on February 19, 1941, is a nonmilitary organiza- tion administered by the Commandant under the direc- tion of the Secretary.’’ Statutory Notes and Related Subsidiaries USE OF COAST GUARD AUXILIARY Pub. L. 99–640, § 9, Nov. 10, 1986, 100 Stat. 3548, required the Secretary of Transportation to investigate

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3721 — Claims of personnel of agencies and the

Page 326 TITLE 31—MONEY AND FINANCE § 3720E (B) A suit under this paragraph may not be filed before the termination of the collection ac- tion, unless earlier filing is necessary to avoid expiration of any applicable statute of limita- tions period. (3) Notwithstanding paragraphs (1) and (2), an employer shall not be required to vary its nor- mal pay and disbursement cycles in order to comply with this subsection. (g) For the purpose of this section, the term ‘‘disposable pay’’ means that part of the com- pensation of any individual from an employer remaining after the deduction of any amounts required by any other law to be withheld. (h) The Secretary of the Treasury shall issue regulations to implement this section. (Added Pub. L. 104–134, title III, § 31001(o)(1), Apr. 26, 1996, 110 Stat. 1321–369.) § 3720E. Dissemination of information regarding identity of delinquent debtors (a) The head of any agency may, with the re- view of the Secretary of the Treasury, for the purpose of collecting any delinquent nontax debt owed by any person, publish or otherwise publicly disseminate information regarding the identity of the person and the existence of the nontax debt. (b)(1) The Secretary of the Treasury, in con- sultation with the Director of the Office of Man- agement and Budget and the heads of other ap- propriate Federal agencies, shall issue regula- tions establishing procedures and requirements the Secretary considers appropriate to carry out this section. (2) Regulations under this subsection shall in- clude— (A) standards for disseminating information that maximize collections of delinquent nontax debts, by directing actions under this section toward delinquent debtors that have assets or income sufficient to pay their delin- quent

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