SEC. 4. MEMBERS OF THE AUXILIARY; STATUS. 
(a) GENERAL EXEMPTION FROM TREATMENT
AS 
FEDERAL EMPLOYEE.—Except as otherwise provided in 
this Act, a member of the Border Patrol Auxiliary shall 
not be considered to be a Federal employee and shall not 
be subject to the provisions of law relating to Federal em-
ployment, including those relating to hours of work, rates 
of compensation, leave, unemployment compensation, Fed-
eral employee benefits, ethics, conflicts of interest, and 
other similar criminal or civil statutes and regulations gov-
erning the conduct of Federal employees. However, noth-
ing in this subsection shall constrain the Secretary from 
prescribing standards for the conduct and behavior of 
members of the Auxiliary. 
(b) TREATMENT AS FEDERAL EMPLOYEE FOR LIM-
ITED PURPOSES.—A member of the Auxiliary while as-
signed to duty shall be deemed to be a Federal employee 
only for the purposes of the following: 
(1) The provisions referred to in section 3(b). 
(2) Compensation for work injuries under chap-
ter 81 of title 5, United States Code. 
(3) The resolution of claims relating to damage 
to or loss of personal property of the member inci-
dent to service under the Military Personnel and Ci-
vilian Employees’ Claims Act of 1964 (31 U.S.C. 
3721).
(c) REMOVAL OF ACTIONS.—A member of the Auxil-
iary, while assigned to duty, shall be deemed to be a per-
son acting under an officer of the United States or an 
agency thereof for purposes of section 1442(a)(1) of title 
28, United States Code. 
SEC. 5. DISENROLLMENT. 
Members of the Auxiliary may be disenrolled pursu-
ant to applicable regulations of the Secretary. 
SEC. 6. USE OF MEMBER’S FACILITIES. 
The Department of Homeland Security may utilize 
for any purpose incident to carrying out its functions and 
duties as authorized by the Secretary any vehicle at its 
disposition for any of such purposes by any member of 
the Auxiliary, by any corporation, partnership, or associa-
tion, or by any State or political subdivision thereof. 
SEC. 7. AVAILABILITY OF APPROPRIATIONS. 
(a) IN GENERAL.—Appropriations of the Border Pa-
trol shall be available for the payment of actual necessary 
traveling expense and subsistence, or commutation of ra-
tion allowance in lieu of subsistence, of members of the 
Auxiliary assigned to authorized duties and for actual nec-
essary expenses of operation of any vehicle when assigned 
to Border Patrol duty, but shall not be available for the 
payment of compensation for personal services, incident 
to such operation, other than to personnel of the Border
Patrol. The term ‘‘actual necessary expenses of oper-
ation’’, as used in this section, shall include payment for 
fuel, oil, water, supplies, provisions, replacement or repair 
of equipment, repair of any damaged vehicle and for the 
constructive or actual loss of any vehicle where it is deter-
mined, under applicable regulations, that responsibility for 
the loss or damage necessitating such replacement or re-
pair of equipment, or for the damage or loss, constructive 
or actual, of such vehicle rests with the Border Patrol. 
(b) INTEREST.—The Secretary may pay interest on 
a claim under this section in any case in which a payment 
authorized under this section is not made within 60 days 
after the submission of the claim in a manner prescribed 
by the Secretary. The rate of interest for purposes of this 
section shall be the annual rate established under section 
6621 of the Internal Revenue Code of 1954. 
SEC. 8. ASSIGNMENT AND PERFORMANCE OF DUTIES. 
No member of the Auxiliary, solely by reason of such 
membership, shall be vested with, or exercise, any right, 
privilege, power, or duty vested in or imposed upon the 
personnel of the Border Patrol, except that any such mem-
ber may, under applicable regulations, be assigned duties, 
which, after appropriate training and examination, he has 
been found competent to perform, to effectuate the pur-
poses of the Auxiliary. No member of the Auxiliary shall