US (United States) Code. Title 10. Subtitle D: Air Force. Part III. Chapter 909: Civil Air Patrol

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 909 - CIVIL AIR PATROL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

.

-HEAD-

CHAPTER 909 - CIVIL AIR PATROL

-MISC1-

Sec.

9441. Status as federally chartered corporation; purposes.

9442. Status as volunteer civilian auxiliary of the Air Force.

9443. Activities performed as federally chartered nonprofit

corporation.

9444. Activities performed as auxiliary of the Air Force.

9445. Funds appropriated for the Civil Air Patrol.

9446. Miscellaneous personnel authorities.

9447. Board of Governors.

9448. Regulations.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-294, amended chapter heading

and analysis generally, substituting items 9441 to 9448 for former

items 9441 ''Status: support by Air Force; employment'' and 9442

''Assistance by other agencies''.

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10 USC Sec. 9441 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9441. Status as federally chartered corporation; purposes

-STATUTE-

(a) Status. - (1) The Civil Air Patrol is a nonprofit corporation

that is federally chartered under section 40301 of title 36.

(2) Except as provided in section 9442(b)(2) of this title, the

Civil Air Patrol is not an instrumentality of the Federal

Government for any purpose.

(b) Purposes. - The purposes of the Civil Air Patrol are set

forth in section 40302 of title 36.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-295.)

-MISC1-

PRIOR PROVISIONS

A prior section 9441, acts Aug. 10, 1956, ch. 1041, 70A Stat.

572; Pub. L. 96-342, title X, Sec. 1007(a), (b)(1), Sept. 8, 1980,

94 Stat. 1121, 1122; Pub. L 96-513, title V, Sec. 514(12), Dec. 12,

1980, 94 Stat. 2935; Pub. L. 98-525, title XV, Sec. 1533(a), Oct.

19, 1984, 98 Stat. 2632; Pub. L. 99-145, title XIII, Sec.

1303(a)(28), title XIV, Sec. 1458(a), Nov. 8, 1985, 99 Stat. 740,

763; Pub. L. 99-661, div. A, title XIII, Sec. 1365(a), Nov. 14,

1986, 100 Stat. 4002; Pub. L. 103-337, div. A, title X, Sec. 1062,

Oct. 5, 1994, 108 Stat. 2847; Pub. L. 105-225, Sec. 4(a)(3), Aug.

12, 1998, 112 Stat. 1499, related to Civil Air Patrol status,

support by Air Force, and employment, prior to the general

amendment of this chapter by Pub. L. 106-398.

EFFECTIVE DATE

Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(c)), Oct.

30, 2000, 114 Stat. 1654, 1654A-300, provided that: ''The

amendments made by this section (enacting this section and sections

9442 to 9448 of this title and amending sections 40302 and 40303 of

Title 36, Patriotic and National Observances, Ceremonies, and

Organizations) shall take effect 120 days after the date of the

enactment of this Act (Oct. 30, 2000).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8150.

-CITE-

10 USC Sec. 9442 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9442. Status as volunteer civilian auxiliary of the Air Force

-STATUTE-

(a) Volunteer Civilian Auxiliary. - The Civil Air Patrol is a

volunteer civilian auxiliary of the Air Force when the services of

the Civil Air Patrol are used by any department or agency in any

branch of the Federal Government.

(b) Use by Air Force. - (1) The Secretary of the Air Force may

use the services of the Civil Air Patrol to fulfill the noncombat

programs and missions of the Department of the Air Force.

(2) The Civil Air Patrol shall be deemed to be an instrumentality

of the United States with respect to any act or omission of the

Civil Air Patrol, including any member of the Civil Air Patrol, in

carrying out a mission assigned by the Secretary of the Air Force.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-295.)

-MISC1-

PRIOR PROVISIONS

A prior section 9442, added Pub. L. 98-525, title XV, Sec.

1533(b)(1), Oct. 19, 1984, 98 Stat. 2632, related to assistance of

Civil Air Patrol by other agencies, prior to the general amendment

of this chapter by Pub. L. 106-398.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9441, 9448 of this title.

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10 USC Sec. 9443 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9443. Activities performed as federally chartered nonprofit

corporation

-STATUTE-

(a) Use of Federally Provided Resources. - In its status as a

federally chartered nonprofit corporation, the Civil Air Patrol may

use equipment, supplies, and other resources, including aircraft,

motor vehicles, computers, and communications equipment, provided

to the Civil Air Patrol by a department or agency of the Federal

Government or acquired by or for the Civil Air Patrol with

appropriated funds (or with funds of the Civil Air Patrol, but

reimbursed from appropriated funds) -

(1) to provide assistance requested by State or local

governmental authorities to perform disaster relief missions and

activities, other emergency missions and activities, and

nonemergency missions and activities; and

(2) to fulfill its other purposes set forth in section 40302 of

title 36.

(b) Use Subject to Applicable Laws. - The use of equipment,

supplies, or other resources under subsection (a) is subject to the

laws and regulations that govern the use by nonprofit corporations

of federally provided assets or of assets purchased with

appropriated funds, as the case may be.

(c) Authority Not Contingent on Reimbursement. - The authority

for the Civil Air Patrol to provide assistance under subsection

(a)(1) is not contingent on the Civil Air Patrol being reimbursed

for the cost of providing the assistance. If the Civil Air Patrol

elects to require reimbursement for the provision of assistance

under such subsection, the Civil Air Patrol may establish the

reimbursement rate at a rate less than the rates charged by private

sector sources for equivalent services.

(d) Liability Insurance. - The Secretary of the Air Force may

provide the Civil Air Patrol with funds for paying the cost of

liability insurance to cover missions and activities carried out

under this section.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-295.)

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10 USC Sec. 9444 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9444. Activities performed as auxiliary of the Air Force

-STATUTE-

(a) Air Force Support for Activities. - The Secretary of the Air

Force may furnish to the Civil Air Patrol in accordance with this

section any equipment, supplies, and other resources that the

Secretary determines necessary to enable the Civil Air Patrol to

fulfill the missions assigned by the Secretary to the Civil Air

Patrol as an auxiliary of the Air Force.

(b) Forms of Air Force Support. - The Secretary of the Air Force

may, under subsection (a) -

(1) give, lend, or sell to the Civil Air Patrol without regard

to subtitle I of title 40 and title III of the Federal Property

and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) -

(A) major items of equipment (including aircraft, motor

vehicles, computers, and communications equipment) that are

excess to the military departments; and

(B) necessary related supplies and training aids that are

excess to the military departments;

(2) permit the use, with or without charge, of services and

facilities of the Air Force;

(3) furnish supplies (including fuel, lubricants, and other

items required for vehicle and aircraft operations) or provide

funds for the acquisition of supplies;

(4) establish, maintain, and supply liaison officers of the Air

Force at the national, regional, State, and territorial

headquarters of the Civil Air Patrol;

(5) detail or assign any member of the Air Force or any

officer, employee, or contractor of the Department of the Air

Force to any liaison office at the national, regional, State, or

territorial headquarters of the Civil Air Patrol;

(6) detail any member of the Air Force or any officer,

employee, or contractor of the Department of the Air Force to any

unit or installation of the Civil Air Patrol to assist in the

training programs of the Civil Air Patrol;

(7) authorize the payment of travel expenses and allowances, at

rates not to exceed those paid to employees of the United States

under subchapter I of chapter 57 of title 5, to members of the

Civil Air Patrol while the members are carrying out programs or

missions specifically assigned by the Air Force;

(8) provide funds for the national headquarters of the Civil

Air Patrol, including -

(A) funds for the payment of staff compensation and benefits,

administrative expenses, travel, per diem and allowances, rent,

utilities, other operational expenses of the national

headquarters; and

(B) to the extent considered necessary by the Secretary of

the Air Force to fulfill Air Force requirements, funds for the

payment of compensation and benefits for key staff at regional,

State, or territorial headquarters;

(9) authorize the payment of expenses of placing into

serviceable condition, improving, and maintaining equipment

(including aircraft, motor vehicles, computers, and

communications equipment) owned or leased by the Civil Air

Patrol;

(10) provide funds for the lease or purchase of items of

equipment that the Secretary determines necessary for the Civil

Air Patrol;

(11) support the Civil Air Patrol cadet program by furnishing -

(A) articles of the Air Force uniform to cadets without cost;

and

(B) any other support that the Secretary of the Air Force

determines is consistent with Air Force missions and

objectives; and

(12) provide support, including appropriated funds, for the

Civil Air Patrol aerospace education program to the extent that

the Secretary of the Air Force determines appropriate for

furthering the fulfillment of Air Force missions and objectives.

(c) Assistance by Other Agencies. - (1) The Secretary of the Air

Force may arrange for the use by the Civil Air Patrol of such

facilities and services under the jurisdiction of the Secretary of

the Army, the Secretary of the Navy, or the head of any other

department or agency of the United States as the Secretary of the

Air Force considers to be needed by the Civil Air Patrol to carry

out its mission.

(2) An arrangement for use of facilities or services of a

military department or other department or agency under this

subsection shall be subject to the agreement of the Secretary of

the military department or head of the other department or agency,

as the case may be.

(3) Each arrangement under this subsection shall be made in

accordance with regulations prescribed under section 9448 of this

title.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-296; amended Pub. L. 107-217,

Sec. 3(b)(35), Aug. 21, 2002, 116 Stat. 1298.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts. For complete classification of this Act to

the Code, see Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-217, in introductory

provisions, inserted ''subtitle I of title 40 and title III of''

before ''the Federal Property and Administrative Services Act of

1949'' and substituted ''(41 U.S.C. 251 et seq.)'' for ''(40 U.S.C.

471 et seq.)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9448 of this title.

-CITE-

10 USC Sec. 9445 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9445. Funds appropriated for the Civil Air Patrol

-STATUTE-

Funds appropriated for the Civil Air Patrol shall be available

only for the exclusive use of the Civil Air Patrol.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-297.)

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10 USC Sec. 9446 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9446. Miscellaneous personnel authorities

-STATUTE-

(a) Use of Retired Air Force Personnel. - (1) Upon the request of

a person retired from service in the Air Force, the Secretary of

the Air Force may enter into a personal services contract with that

person providing for the person to serve as an administrator or

liaison officer for the Civil Air Patrol. The qualifications of a

person to provide the services shall be determined and approved in

accordance with regulations prescribed under section 9448 of this

title.

(2) To the extent provided in a contract under paragraph (1), a

person providing services under the contract may accept services on

behalf of the Air Force.

(3) A person, while providing services under a contract

authorized under paragraph (1), may not be considered to be on

active duty or inactive-duty training for any purpose.

(b) Use of Civil Air Patrol Chaplains. - The Secretary of the Air

Force may use the services of Civil Air Patrol chaplains in support

of the Air Force active duty and reserve component forces to the

extent and under conditions that the Secretary determines

appropriate.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-297.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9448 of this title.

-CITE-

10 USC Sec. 9447 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9447. Board of Governors

-STATUTE-

(a) Governing Body. - The Board of Governors of the Civil Air

Patrol is the governing body of the Civil Air Patrol.

(b) Composition. - The Board of Governors is composed of 11

members as follows:

(1) Four members appointed by the Secretary of the Air Force,

who may be active or retired officers of the Air Force (including

reserve components of the Air Force), employees of the United

States, or private citizens.

(2) Four members of the Civil Air Patrol, selected in

accordance with the constitution and bylaws of the Civil Air

Patrol.

(3) Three members appointed or selected as provided in

subsection (c) from among personnel of any Federal Government

agencies, public corporations, nonprofit associations, and other

organizations that have an interest and expertise in civil

aviation and the Civil Air Patrol mission.

(c) Appointments From Interested Organizations. - (1) Subject to

paragraph (2), the members of the Board of Governors referred to in

subsection (b)(3) shall be appointed jointly by the Secretary of

the Air Force and the National Commander of the Civil Air Patrol.

(2) Any vacancy in the position of a member referred to in

paragraph (1) that is not filled under that paragraph within 90

days shall be filled by majority vote of the other members of the

Board.

(d) Chairman. - The Chairman of the Board of Governors shall be

chosen by the members of the Board of Governors from among the

members of the Board referred to in paragraphs (1) and (2) of

subsection (b) and shall serve for a term of two years. The

position of Chairman shall be held on a rotating basis between

members of the Board appointed by the Secretary of the Air Force

under paragraph (1) of subsection (b) and members of the Board

selected under paragraph (2) of that subsection.

(e) Powers. - (1) The Board of Governors shall, subject to

paragraphs (2) and (3), exercise the powers granted to the Civil

Air Patrol under section 40304 of title 36.

(2) Any exercise by the Board of the power to amend the

constitution or bylaws of the Civil Air Patrol or to adopt a new

constitution or bylaws shall be subject to approval by a majority

of the members of the Board.

(3) Neither the Board of Governors nor any other component of the

Civil Air Patrol may modify or terminate any requirement or

authority set forth in this section.

(f) Personal Liability for Breach of a Fiduciary Duty. - (1)

Subject to paragraph (2), the Board of Governors may take such

action as is necessary to limit the personal liability of a member

of the Board of Governors to the Civil Air Patrol, or to any of its

members, for monetary damages for a breach of fiduciary duty while

serving as a member of the Board.

(2) The Board may not limit the liability of a member of the

Board of Governors to the Civil Air Patrol, or to any of its

members, for monetary damages for any of the following:

(A) A breach of the member's duty of loyalty to the Civil Air

Patrol or its members.

(B) Any act or omission that is not in good faith or that

involves intentional misconduct or a knowing violation of law.

(C) Participation in any transaction from which the member

directly or indirectly derives an improper personal benefit.

(3) Nothing in this subsection shall be construed as rendering

section 207 or 208 of title 18 inapplicable in any respect to a

member of the Board of Governors who is a member of the Air Force

on active duty, an officer on a retired list of the Air Force, or

an employee of the United States.

(g) Personal Liability for Breach of a Fiduciary Duty. - (1)

Except as provided in paragraph (2), no member of the Board of

Governors or officer of the Civil Air Patrol shall be personally

liable for damages for any injury or death or loss or damage of

property resulting from a tortious act or omission of an employee

or member of the Civil Air Patrol.

(2) Paragraph (1) does not apply to a member of the Board of

Governors or officer of the Civil Air Patrol for a tortious act or

omission in which the member or officer, as the case may be, was

personally involved, whether in breach of a civil duty or in

commission of a criminal offense.

(3) Nothing in this subsection shall be construed to restrict the

applicability of common law protections and rights that a member of

the Board of Governors or officer of the Civil Air Patrol may have.

(4) The protections provided under this subsection are in

addition to the protections provided under subsection (f).

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-298.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 36 section 40303.

-CITE-

10 USC Sec. 9448 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 909 - CIVIL AIR PATROL

-HEAD-

Sec. 9448. Regulations

-STATUTE-

(a) Authority. - The Secretary of the Air Force shall prescribe

regulations for the administration of this chapter.

(b) Required Regulations. - The regulations shall include the

following:

(1) Regulations governing the conduct of the activities of the

Civil Air Patrol when it is performing its duties as a volunteer

civilian auxiliary of the Air Force under section 9442 of this

title.

(2) Regulations for providing support by the Air Force and for

arranging assistance by other agencies under section 9444 of this

title.

(3) Regulations governing the qualifications of retired Air

Force personnel to serve as an administrator or liaison officer

for the Civil Air Patrol under a personal services contract

entered into under section 9446(a) of this title.

(c) Approval by Secretary of Defense. - The regulations required

by subsection (b)(2) shall be subject to the approval of the

Secretary of Defense.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1090(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-299.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9444, 9446 of this title.

-CITE-

10 USC PART IV - SERVICE, SUPPLY, AND PROCUREMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

.

-HEAD-

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

-MISC1-

Chap. Sec.

931. Civil Reserve Air Fleet 9511

933. Procurement 9531

935. Issue of Serviceable Material to Armed Forces 9561

937. Utilities and Services 9591

939. Sale of Serviceable Material 9621

941. Issue of Serviceable Material other than to Armed Forces

9651

943. Disposal of Obsolete or Surplus Material 9681

945. Disposition of Effects of Deceased Persons 9712

947. Transportation 9741

949. Real Property 9771

951. Military Claims 9801

953. Accountability and Responsibility 9831

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VII, Sec. 721(c)(8), Oct.

5, 1999, 113 Stat. 695, substituted ''Disposition'' for ''Inquests;

Disposition'' and ''9712'' for ''9711'' in item for chapter 945.

1993 - Pub. L. 103-160, div. A, title VIII, Sec. 828(c)(8)(B),

Nov. 30, 1993, 107 Stat. 1715, substituted ''Civil Reserve Air

Fleet'' for ''Industrial Mobilization, Research, and Development''

and ''9511'' for ''9501'' in item for chapter 931.

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