CAP MOU Registration No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

MEMORANDUM OF UNDERSTANDING

**BY AND BETWEEN**

**THE CIVIL AIR PATROL BY THE ANY STATE WING**

**AND**

**STATE BY ITS AGENCY**

**1. [Purpose]{.underline}.** STATE AGENCY and Civil Air Patrol (CAP)
wish to utilize the services of CAP and its volunteers for the public
good. This memorandum of understanding (MOU) describes the procedures by
which AGENCY may request CAP mission support as well as the terms under
which missions are authorized, performed, and reimbursed. The memorandum
does not, in and of itself, create any legal obligations among the
parties or signatories. All previous MOU(s) between CAP and AGENCY are
superseded by this agreement. *NOTE: No Counterdrug (CD) missions are
authorized by this MOU.*

**2. [Parties]{.underline}.** This MOU is between CAP, through its STATE
WING, and State AGENCY.

**a. Civil Air Patrol.** CAP is a federally chartered charitable
non-profit corporation. (36 U.S.C. §§40301-40307.) Missions flown under
this MOU are \"corporate missions.\" Although CAP is not a government
agency or military service, it acts as a volunteer civilian auxiliary of
the United States Air Force (USAF) when the services of CAP are used by
any department or agency in any branch of the Federal Government. Only
the United States Air Force (USAF) can assign \"Air Force Assigned
Missions\" (AFAMs.) See Attachment AF for a discussion of CAP\'s status
and missions as the Air Force Auxiliary (10 U.S.C. §§9441, 9442) and
procedures to request \"Air Force assigned missions\" (or AFAMs.)

**(1) STATE Wing, CAP.** WING is an administrative subdivision of CAP
and not a separate legal entity from CAP. The WING Commander is a CAP
corporate officer. CAP is generally organized along geographic lines and
WING\'s jurisdiction is defined by the boundaries of the state. Missions
under this MOU will be performed by WING. Contact information is
included as Attachment A. (The parties may update Attachment A
unilaterally by e-mail or other writing.)

**(2) CAP Members**. CAP members are volunteers in public service.
Members pay an annual membership fee to join and participate in CAP.
\"Members,\" as volunteers are not \"employees.\" Although CAP may have
employees in the state, their duties as employees are administrative in
nature and do not include participating in CAP missions. WING may use
CAP members of units from outside of WING or STATE to perform missions
under this MOU. All CAP members shall be deemed members of WING while
performing missions under this MOU and entitled to benefits of such
membership that arise under this MOU

**(3) CAP-USAF.** The United States and Civil Air Patrol - United States
Air Force (CAP-USAF) are not a party to this agreement. (See Attachment
AF.)

**b. STATE.**

**(1) STATE Agency.** AGENCY is responsible for \[describe agency and,
where practical cite the statute that designates agency\'s function and
authority especially as they relate to this MOU and missions there
under\] AGENCY\'s contact information is provided in Attachment A.

**(2) Other State or Local Agencies.** Other agencies of STATE or local
government agencies within STATE that request CAP assistance may submit
an abbreviated MOU (such as a letter signed by both parties) that
incorporates the terms and conditions of this MOU by reference. An
abbreviated MOU should refer to the MOU Registration Number on the cover
page of this agreement and attach a copy of this MOU.

**(3) STATE-WING Relationship.** The statutory relationship between
STATE (or AGENCY) and WING (or CAP), if any, is set forth in *\[Cite
statute. If none, replace this sentence with \"There is no statutory
relationship between STATE (or AGENCY) and WING (or CAP.)\"\]*

**3. [CAP Mission Capabilities & Limitations]{.underline}.**

**a. Capabilities.**

**(1) Objectives.** CAP provides an organization of private citizens
equipped to respond to local and national emergencies and to serve the
public welfare. (36 U.S.C. §40302). CAP can quickly organize large
numbers of highly trained volunteers with ready access to up-to-date
equipment to provide cost effective support to government agencies.

**(2) Operations.** WING assistance to AGENCY may include, and is not
limited to: aerial missions such as reconnaissance to search for
victims, damage assessments, or environmental surveys utilizing visual,
photographic, digital, and video techniques; airborne communications
support; and airlift (subject to regulatory restrictions discussed in
paragraphs 3b and 5g and 5h below). Other support may include: manual
labor (e.g. filling sandbags for flood control); radio communications;
and ground teams (typically used in search and rescue (SAR) missions).
Ground teams are prohibited from participating in CD or other law
enforcement missions.

**b. Limitations.**

**(1) Priority of Missions.** AGENCY understands and acknowledges that
the USAF may withdraw CAP from missions in progress under this MOU when
necessary to pursue higher priority missions. This is because CAP is the
official auxiliary of the Air Force, and there is a priority for
employing CAP resources which may affect availability of support to
state and local authorities. Priority for utilizing CAP resources is as
follows: first, USAF, then other DoD departments and agencies, other
Federal departments and agencies, state agencies, and finally, local
agencies.

**(2) Law.** CAP does not have any special exemption from civil or
criminal law. Nothing in this agreement shall be read to require any
party or signatory to act in violation of the law or applicable
regulations. Furthermore, none of the provisions in this MOU is intended
to conflict with applicable laws, regulations, or directives governing
CAP missions/activities, including but not limited to those discussed
below.

**(a) Federal Aviation Regulations.** Civil Air Patrol pilots, most of
whom are private pilots, are required to comply with Federal Aviation
Regulations (FARs.) The FARs may prohibit private pilots from flying
some of the missions (including transport missions except for certain
exceptions) contemplated by this MOU. (See Attachment B, CAP Missions
and Pilot Limitations.)

**(b) Assistance to Law Enforcement.** CAP regulations limit assistance
to law enforcement agencies to \"passive assistance.\"

> CAP members may not be deputized nor may they take an active part in
> arrest or detention activities and have no authority to restrict
> persons by means of force, active or implied.
>
> a\. CAP assistance to law enforcement agencies which may lead to
> criminal prosecution is restricted to patrol, reconnaissance, and
> reporting only. Requests for such assistance, unless of an emergency
> nature, must be approved in advance by the Wing and Region Commanders
> and coordinated with \[the National Operations Center (NOC) at
> 888.211.1812 or opscenter@cap.gov.\] All CAP flights will be in
> accordance with CAPR 60-1.

(CAPR 900-3 paragraph 3a.)

**(c) CAP Directives.** CAP missions and activities are also limited by
CAP regulations. CAP personnel are required to comply with CAP
regulations. Failure of CAP members to comply with applicable
regulations may result in administrative action. (See References below.)

**(3) Risk Management.** CAP is an organization of non-paid volunteer
citizens. As such, CAP members may decline to participate in missions or
discontinue missions at any time. Additionally, CAP may decline or
suspend CAP missions for any reason, including but not limited to
safety, risk, and liability concerns.

**4. [Emergencies]{.underline}.** For emergency missions in which (a)
life or property are in imminent peril and (b) local resources are
inadequate, please see Attachment AF for criteria and procedures for
requesting an AFAM.

**5. [Requesting Missions - In General]{.underline}.** Any and all
mission requests may be submitted to the NOC at 888.211.1812 or
opscenter@cap.gov. Reimbursement will be made in accordance with this
paragraph and paragraph 7. Corporate missions may include, but are not
limited to:

**a. Air and Ground Search and Rescue (SAR) Operations.** See Attachment
AF regarding requests for air and ground SAR operations. If the Air
Force declines to accept the mission, CAP may nevertheless accept the
mission as a corporate mission.

**b. Mercy Missions.** Mercy missions refer to the transport of blood,
organs, serum, and medical equipment necessary to relieve a specific
time-critical, life-threatening situation where commercial
transportation is unavailable. For more information on how to request a
Mercy mission, contact the Air Force Rescue Coordination Center (AFRCC)
at 800-851-3051.

**c. Disaster Mitigation and Relief (DR) Operations.** DR missions
relate to assistance needed for major disasters or emergencies
(including all natural and man-made disasters such as hurricanes,
floods, tornados, major storms, earthquakes, oil spills or other
environmental disasters). See Attachment AF regarding requests for DR
missions. If the Air Force declines to accept the mission, CAP may
nevertheless accept the mission as a corporate mission.

**d. SAR/DR Training Missions**. See Attachment AF regarding requests
for air and ground SAR/DR Training Missions. If the Air Force declines
to accept the mission, CAP may nevertheless accept the mission as a
corporate mission.

**e. Homeland Security (HLS).** See Attachment AF regarding requests for
Homeland Security operations. If the Air Force declines to accept the
mission, CAP may nevertheless accept the mission as a corporate mission.

f**. Aerial Reconnaissance** **of Ground Conditions and Surface Traffic
for AGENCY**. This may include visual or photographic reconnaissance of
wildlife, land, forests, roadways and waterways, etc. (Note: in the
event of an \"environmental disaster,\" AGENCY may be able to request an
AFAM in accordance with Attachment AF). Participation of AGENCY
personnel in these aerial reconnaissance missions is discussed in
paragraph 5g below.

**g. Agency Crewmembers.** AGENCY may request CAP aircraft and aircrew
as an aerial platform from which AGENCY officials may perform "aerial
work," as \"crew members.\" \"Aerial work\" includes missions such as
aerial reconnaissance of ground conditions (discussed in paragraph 5f
above) or operation of an airborne repeater. AGENCY officials may be
authorized to fly aboard CAP aircraft in accordance with CAPR 60-1, *CAP
Flight Management*.\" AGENCY officials performing aerial work or duty in
the aircraft during flight are crewmembers and not "passengers." (14
C.F.R. §119.1(e) (4)*.*)

**h. Air Transportation of Cargo and Passengers**. Air transport of
cargo and/or passengers on corporate missions shall be in accordance
with subparagraphs (1) and (2) below. Such missions shall be performed
without reimbursement or payment of any kind from sources outside of CAP
due to FAA restrictions. (Note: Transport missions may be funded by the
CAP pilot or WING but such missions may be limited due to availability
of funding):

**(1) Human Organs, Tissues, and Medical Supplies.** CAP may perform
missions to transport organs, tissues, medical supplies at request of
AGENCY for humanitarian reasons without accepting reimbursement or
payment of any kind from outside sources.

**(2) AGENCY Officials/Other Non-CAP Passengers.** CAP may transport
AGENCY officials and other non-CAP passengers approved in accordance
with CAPR 60-1, paragraph 2-6.

**6. [Command, Control, Coordination and Cooperation]{.underline}:**

**a. Immediate** command and control over all CAP resources and
personnel employed in accordance with this MOU shall rest with CAP at
all times. Mutual consent should be the norm; nevertheless, any party to
this agreement may suspend or terminate CAP missions conducted pursuant
to this MOU without cause.

**b.** Both WING and AGENCY agree to maintain continual and effective
communication and coordination to facilitate the training necessary for
effective CAP participation with **STATE** emergency service personnel
in disaster relief missions.

**7. [Reimbursement]{.underline}.** Reimbursement to WING for missions
will be as follows:

**a. Reimbursement for Corporate Missions.** When AGENCY reimbursement
is required by WING for missions performed under this MOU, such
reimbursement shall be limited to the rates established in the current
Civil Air Patrol Regulation 173-3, *Payment for Civil Air Patrol
Support* Attachment 1 (a copy of which is provided as Attachment C and
incorporated herein by reference). The parties agree that Attachment C,
as revised from time to time by Civil Air Patrol and approved by
CAP-USAF and the FAA, will be the basis for determining reimbursement.
Additionally, aircraft and automobile fuel and oil will be reimbursed at
actual cost.

**b. Restrictions on Billing.** Dual payment/compensation or double
billing is prohibited and may not be requested or accepted. For example,
if WING receives or is offered state funds for aircraft operating
expenses (fuel, oil, maintenance), WING may not seek or accept
reimbursement for the same expense from CAP National Headquarters, or
from any other source (i.e. another federal agency).

**8. [Liabilities: Insurance, Workers Compensation & Related
Matters]{.underline}.**

**a. State Protections.** State protections afforded CAP and its members
such as workers compensation and/or liability protection, if any, are
set forth in Attachment D. *\[If none, replace this sentence with
\"There are no STATE benefits afforded CAP and its members such as
workers compensation or liability protection.\"\]* CAP third party
liability and personal injury coverage available to the corporation and
its members are generally outlined in CAP Regulation 900-5.

**b. CAP Protections.** In addition to protections afforded in paragraph
8a above (if any), CAP and its members are protected by liability
insurance policies as well as member benefits described in CAP
Regulation 900-5, *Civil Air Patrol Insurance/Benefits Program* and
112-10, *Indemnification.*

**c. No Federal Protections.** CAP and its members are not deemed to be
instrumentalities of the United States while performing corporate
missions. Therefore, Federal Tort Claims Act (FTCA) (10 U.S.C. 9442(b)
(2); 28 U.S.C. 2671 *et. seq*.) and Federal Employees Compensation Act
(FECA) (5 U.S.C. 8151) do not apply.

**9. [Air Force Provisions]{.underline}.**

a\. The subject MOU is between CAP Corporation and \[State Agency\] and
is not an agreement with CAP as the Air Force Auxiliary.

b\. The United States Air Force has priority in the use of CAP equipment
bought with appropriated funds. The priority for utilizing CAP resources
is: (1) USAF; (2) Other DoD departments and agencies; (3) other Federal
departments and agencies; (4) State agencies and (5) Local agencies.

c\. CAP volunteers flying missions under this MOU are not eligible for
FTCA or FECA benefits.

d\. No Air Force Assigned Missions (AFAM) will be assigned pursuant to
this MOU.

e\. Missions flown and funded under this MOU are not eligible for
payment or reimbursement from the federal government.

**10. [Effective Date, Term, Termination, and Approval
Provisions]{.underline}.**

**a. Effective Date.** The terms of this MOU will become effective as of
the date signed by both parties.

**b. Term.** This MOU shall be effective for a period of five years from
its effective date.

**c. Amendment.** This MOU embodies the entire terms and understanding
of the parties and no other agreements exist between the parties except
for those expressly stated herein, to include attachments cited below
and executed by the parties. This MOU may be amended by written notice
of either party, which expressly identifies itself as a part of this
agreement and is signed by an authorized representative of each of the
parties. Air Force provisions in this MOU are not subject to amendment
or revision by either party. (See paragraph 9 and Attachment AF.)

**d. Termination.** The parties may terminate this MOU at any time upon
sixty-day (60) day advance written notice of termination signed by their
designated representatives. Copies of the termination notice shall be
mailed to the designated representatives of each of the parties at
addresses shown below. (See Attachment A and the addresses below).

+-----------------------------------+-----------------------------------+
| National Headquarters, Civil Air  | \[State Agency Address\]          |
| Patrol                            |                                   |
|                                   |                                   |
| Attention: DO                     |                                   |
|                                   |                                   |
| 105 So. Hansell Street            |                                   |
|                                   |                                   |
| Maxwell AFB, AL 36112             |                                   |
+-----------------------------------+-----------------------------------+

**IN WITNESS WHEREOF, this MOU has been executed by the parties
herein:**

+-----------------------------------+-----------------------------------+
| **\                               | **State                           |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | of\_                              |
| CAP**                             | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, |
|                                   | \_\_\_                            |
| **by\_                            | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |                                   |
|                                   | (Printed name of Agency).         |
| **\_\_\_                          |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ | **by\_                            |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
|                                   | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |
| (Printed name.)                   |                                   |
|                                   | **\_\_\_                          |
| Colonel, CAP Dated:               | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
| \_\_\_\_\_\_\_\_\_\_              | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |
|                                   |                                   |
| **Wing** Commander                | (Printed name.)                   |
|                                   |                                   |
|                                   | **\_\_\_\_\_\_\_\_\               |
|                                   | _\_\_\_\_\_\_\_\_\_\_\_\_**Dated: |
|                                   | \_\_\_\_\_\_\_\_\_\_              |
|                                   |                                   |
|                                   | (Printed title.)                  |
+-----------------------------------+-----------------------------------+

Attachments:

AF Untitled AF Involvement Attachment

A Contact Information

B Table: CAP Missions and Pilot Limitations

C CAP Regulation 173-3, *Payment for Civil Air Patrol Support*,
Attachment 1, Reimbursement Rates

D State Protections Afforded CAP & Members

References:

Hotlinks to online sources for these citations can be found at:

[United States Code http://uscode.house.gov/usc.htm]{.underline}

10 U.S.C. §§ 9441 - 9448, (Organization and Management of Civil Air
Patrol)

36 U.S.C. §§40301 -- 40307, *Civil Air Patrol*

[Code of Federal Regulations
http://www.gpoaccess.gov/cfr/index.html]{.underline}

14 C.F.R. §119.1, *Applicability* \[of common carrier regulations\]

[CAP Publications
http://cap.globalreach.com/index.cfm?nodeID=5285]{.underline}

CAP Regulations - 60 series including:

CAP Regulation 60-1, *Flight Management*

CAP Regulation 60-3, *CAP Emergency Services Training and Operational
Missions*

CAP Regulation 112-10, *Indemnification*

CAP Regulation 173-3, *Payment for Civil Air Patrol Support*

CAP Regulation 900-3, *Firearms - Assistance to Law Enforcement
Officials*

CAP Regulation 900-5, *Civil Air Patrol Insurance/Benefits Program*

Attachment AF

**[AIR FORCE ASSIGNED MISSIONS]{.underline}**

1\. The following are potential Air Force Assigned Missions (AFAM):

**a. Air and Ground Search and Rescue (SAR) Operations.** CAP, as the
Air Force Auxiliary performs SAR missions to search for, locate, and
relieve a distress situation, including overdue aircraft, emergency
locator transmitters (ELTs), and persons in distress. For more
information on how to request an AFAM SAR mission, contact the Air Force
Rescue Coordination Center (AFRCC) at 800-851-3051.

**b. Mercy Missions.** Mercy missions refer to the transport of blood,
organs, serum, and medical equipment necessary to relieve a specific
time-critical, life-threatening situation where commercial
transportation is unavailable. For more information on how to request a
Mercy mission, contact the Air Force Rescue Coordination Center (AFRCC)
at 800-851-3051.

**c. Disaster Mitigation and Relief (DR) Operations.** DR missions
relate to assistance needed for major disasters or emergencies
(including all natural and man-made disasters such as hurricanes,
floods, tornados, major storms, earthquakes, oil spills or other
environmental disasters). For more information on how to request a
Disaster Mitigation and Relief mission, contact the Air Force National
Security Emergency Preparedness (AFNSEP) duty officer at 800-366-0051.

**d. SAR/DR Training Missions**. SAR/DR training missions are joint
training missions with CAP and the State Agency. For more information on
how to request a SAR/DR training mission contact the appropriate State
Director. (See attachment B -- Contact Information).

**e. Homeland Security (HLS).** Department of Defense and Air Force
policy on HLS missions CAP may be tasked to perform in support of civil
authorities is still evolving. For more information on how to request a
Homeland Security mission, contact the CAP National Operations Center
(NOC) at 888-211-1812 or opscenter@cap.gov.

2\. For information on any other above AFAM, you may also contact the
NOC at 888-211-1812.

+---------------+---------------+-------------------+-----------------+
| Attachment A  |               |                   |                 |
|               |               |                   |                 |
| **[CONTACT    |               |                   |                 |
| INFORMATION]{ |               |                   |                 |
| .underline}** |               |                   |                 |
+---------------+---------------+-------------------+-----------------+
| **CIVIL AIR   |               |                   |                 |
| PATROL**      |               |                   |                 |
|               |               |                   |                 |
| Contact       |               |                   |                 |
| Information   |               |                   |                 |
| as of         |               |                   |                 |
+---------------+---------------+-------------------+-----------------+
| MISSION       | CONTACT       | PHONE & E-MAIL\*  | ADDRESS         |
+---------------+---------------+-------------------+-----------------+
| Planning &    |               | W:                |                 |
| Miscellaneous |               |                   |                 |
|               |               | F:                |                 |
|               |               |                   |                 |
|               |               | H:                |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | C:                |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+
| Planning &    |               | W:                | []{.mark}       |
| M             |               |                   |                 |
| iscellaneous- |               | F:                |                 |
| AFAM          |               |                   |                 |
|               |               | H:                |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | C:                |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+
| Search and    |               | W:                |                 |
| Rescue        |               |                   |                 |
|               |               | DSN:              |                 |
| (MOU          |               |                   |                 |
| paragraph 5a) |               | F:                |                 |
|               |               |                   |                 |
|               |               | DSN:              |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+
| Mercy         |               | W:                |                 |
| Missions      |               |                   |                 |
|               |               | DSN:              |                 |
| (MOU          |               |                   |                 |
| Paragraph 5b) |               | F:                |                 |
|               |               |                   |                 |
|               |               | DSN:              |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+
| Disaster      |               | W:                |                 |
| Mitigation &  |               |                   |                 |
| Relief (DR)   |               | DSN               |                 |
|               |               |                   |                 |
| (MOU          |               | F:                |                 |
| Paragraph 5c) |               |                   |                 |
|               |               | DSN               |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+
| SAR/DR        | []{.mark}     | W:                |                 |
| Training      |               |                   |                 |
|               |               | F:                |                 |
| (MOU          |               |                   |                 |
| Paragraph 5d) |               | H:                |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | C:                |                 |
|               |               |                   |                 |
|               |               | E                 |                 |
+---------------+---------------+-------------------+-----------------+
| Homeland      | CAP National  | W: 888.211.1812/  |                 |
| Security      | Operations    |                   |                 |
| (HLS)         | Center        | 334.953.5823/     |                 |
|               |               |                   |                 |
| (MOU          |               | DSN 493-5823      |                 |
| Paragraph 5e) |               |                   |                 |
|               |               | F: 334.953.4242   |                 |
|               |               |                   |                 |
|               |               | DSN 493.4242      |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
|               |               | ops               |                 |
|               |               | center@capnhq.gov |                 |
+---------------+---------------+-------------------+-----------------+
| Corporate     |               | W:                |                 |
| Missions      |               |                   |                 |
|               |               | F:                |                 |
| (MOU          |               |                   |                 |
| Paragraph 6.) |               | H:                |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | C:                |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+

+---------------+---------------+-------------------+-----------------+
| Attachment A, |               |                   |                 |
| Continued     |               |                   |                 |
|               |               |                   |                 |
| **[CONTACT    |               |                   |                 |
| INFORMATION]{ |               |                   |                 |
| .underline}** |               |                   |                 |
+---------------+---------------+-------------------+-----------------+
| **STATE       |               |                   |                 |
| AGENCY**      |               |                   |                 |
|               |               |                   |                 |
| Contact       |               |                   |                 |
| Information   |               |                   |                 |
| as of         |               |                   |                 |
+---------------+---------------+-------------------+-----------------+
| MISSION       | CONTACT       | PHONE & E-MAIL\*  | ADDRESS         |
+---------------+---------------+-------------------+-----------------+
| Planning &    |               | W:                |                 |
| Miscellaneous |               |                   |                 |
|               |               | F:                |                 |
|               |               |                   |                 |
|               |               | H:                |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | C:                |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+
| Billing       |               | W:                |                 |
|               |               |                   |                 |
|               |               | F:                |                 |
|               |               |                   |                 |
|               |               | H:                |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | C:                |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+
| Operations    |               | W:                |                 |
|               |               |                   |                 |
|               |               | F:                |                 |
|               |               |                   |                 |
|               |               | H:                |                 |
|               |               |                   |                 |
|               |               | P:                |                 |
|               |               |                   |                 |
|               |               | C:                |                 |
|               |               |                   |                 |
|               |               | E:                |                 |
+---------------+---------------+-------------------+-----------------+

Attachment B

**[TABLE: CAP MISSIONS AND PILOT LIMITATIONS]{.underline}**

![](media/image1.jpeg){width="6.190972222222222in"
height="8.011111111111111in"}

Attachment B

**[TABLE: CAP MISSIONS AND PILOT LIMITATIONS (cont'd)]{.underline}**

![](media/image2.jpeg){width="6.190972222222222in"
height="8.011111111111111in"}

Attachment C

**[CAPR 173-3, ATTACHMENT 1, REIMBURSEMENT RATES]{.underline}**

![](media/image3.wmf){width="6.195138888888889in"
height="8.131944444444445in"}

ATTACHMENT D

**[STATE PROTECTIONS AFFORDED CAP & MEMBERS]{.underline}**

*Confer with your legal officer to ensure that state protections, if
any, are described here in detail adequate to bind State and are
detailed somewhere adequate to explain it to the people in the field. A
supplement to CAPR 900-5 may be in order. The following issues are
submitted for consideration:*

*1. General.*

*1.1. This list is not intended to be a tool for negotiation. It is
simply a request for whatever protections State already has available or
to which State may already have ready access. If State is unable to
provide any protections, that factor becomes part of the commander\'s
risk analysis and decision making processes as s/he considers whether to
undertake the MOU or any specific mission.*

*1.2. The point is NOT that CAP has no insurance or lacks coverage; our
insurance is adequate. Rather, the goal is to minimize the exposure of
CAP and its insurer(s) so as to and minimize the increase of our
insurance premiums (and the potential for loss of coverage) brought
about by losses and protect corporate assets. As a general proposition,
CAP flies missions in support of states \"at cost,\" the known costs of
doing business. The protections discussed in this attachment form part
of the \"unknown costs,\" the hazards incurred performing these
missions. It is reasonable to ask that this cost be born by our
\"customer.\"*

*1.3. Watch for gaps in protection and coverage.*

*2. Specific issues: For each and every mission, consider:*

*2.1. [Liability & Indemnity]{.underline}. Will state provide
indemnity/liability coverage? Is such indemnity in lieu of CAP\'s other
coverages (e.g. insurance, FECA, or FTCA)? Is any action by the member
required in order to be eligible? (e.g. Registration as a Disaster
Services Worker.) Does STATE indemnify each category of \"person\" below
for actions arising in the course missions?*

*2.1.1. All members (cadets and senior members) regardless of age.
(Remember, FECA benefits are not available for members under age 18.))*

*2.1.2. All members, including those not participating in the mission
(e.g. Wing Commander, who holds overall responsibility or other members
whose only contact may have been managing aircraft maintenance or
planning, preparing and training for such missions)?*

*2.1.3. Civil Air Patrol, itself.*

*2.1.4. All agents, principals. . . etc. of CAP?*

*Is any specific action required of CAP in order to be eligible? (e.g.
Obtain a state mission number.)*

*2.2. [Immunity]{.underline}. Is statutory immunity available ? Is such
immunity in addition to or in lieu of CAP\'s other coverages (e.g.
insurance)? Is any action by the member required in order to be
eligible? (E.g. Registration as a Disaster Services Worker.) Does STATE
immunize each category of \"person\" below for actions arising in the
course missions?*

*2.2.1. All members (cadets and senior members) regardless of age.
(Remember, FECA benefits are not available for members under age 18.))*

*2.2.2. All members, including those not participating in the mission
(e.g. Wing Commander, who holds overall responsibility or other members
whose only contact may have been managing aircraft maintenance or
planning, preparing and training for such missions)?*

*2.2.3. Civil Air Patrol, itself.*

*2.2.4. All agents, principals. . . etc. of CAP?*

*2.3. [Workers\' Compensation]{.underline}. Does STATE provide workers
compensation benefits and protection to each category of \"person\"
below for actions arising from missions?*

*All members (cadets, senior members) regardless of age? (As you know,
FECA benefits are not available for members under age 18.))*

*Civil Air Patrol, itself (e.g. protection from suits by members under
the \"exclusive remedy\" provision afforded by some workers\'
compensation laws.)*

*All agents, principals. .. etc. of CAP afforded the protection from
suits by members?*

*Is any action by the member required in order to be eligible? (e.g.
Registration as a Disaster Services Worker.)*

*Is any specific action required of CAP in order to be eligible?*

*2.4. [Workers\' Compensation]{.underline}. Apart from the MOU, are
volunteers considered \"employees\" or afforded the benefits of workers
compensation from their respective organizations? Are organizations
required to provide workers compensation coverage? Are organizations
afforded the protections (e.g. \"exclusive remedy\") of workers
compensation?*